Get the latest market trends in your inbox

Stay on top of the latest market trends and economic insights with the Axios Markets newsletter. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Denver news in your inbox

Catch up on the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Des Moines news in your inbox

Catch up on the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Minneapolis-St. Paul news in your inbox

Catch up on the most important stories affecting your hometown with Axios Minneapolis-St. Paul

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tampa-St. Petersburg news in your inbox

Catch up on the most important stories affecting your hometown with Axios Tampa-St. Petersburg

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Photo: Drew Angerer via Getty Images

The long-standing but now hotly contested law that keeps online platforms from being held liable for what users post should be narrowed, conservative Supreme Court Justice Clarence Thomas wrote Tuesday.

Why it matters: Section 230 of the Communications Decency Act is a growing target of bipartisan ire. Thomas, arguably the most conservative member of the Supreme Court, is laying down a marker as the likely confirmation of Amy Coney Barrett looks set to tip the high court further right.

Driving the news: Thomas wrote about Section 230 in a filing following the court's decision not to hear a Section 230-related case, MalwareBytes Inc. v. Enigma Software Group.

  • Thomas said his fellow justices were right to pass on the case, which centered on whether MalwareBytes, an internet security company, could be held liable for what Enigma Software said was a wrongful designation of its products as malware.
  • But he said it should welcome the chance to scale back Section 230 from the bench through a different case.

What he's saying: "Extending §230 immunity beyond the natural reading of the text can have serious consequences," Thomas wrote, adding that when the right case comes to the court, it would "behoove" the justices to consider a narrower reading of the law.

  • Thomas wrote that internet companies have been granted "sweeping protection" and that courts are reading more comprehensive immunity into Section 230 than was intended.

The other side: Internet companies and the law's authors have long argued that the purpose of Section 230 was to allow companies to moderate online content and remove material as they see fit — and that companies like Facebook, Google, Twitter and Yelp couldn't exist in their current form without the law.

Yes, but: Those defenses have a shrinking constituency in Washington.

  • Republicans including President Donald Trump now argue the law acts as a license for tech platforms to censor conservative views. (There's little to no evidence for these claims of anti-conservative bias, which the platforms deny.)
  • Democrats including Joe Biden have said Congress should revisit Section 230 to make tech firms more accountable for misinformation and hate speech.

Reality check: A number of Section 230-related bills have circulated in Congress in the past year. None stand a change of passing before 2021.

Go deeper:

Go deeper

Nov 19, 2020 - Technology

Facebook says very few people actually see hate speech on its platform

Photo: Jaap Arriens/NurPhoto via Getty Images

Facebook said it took action on 22.1 million pieces of hate speech content to its platform globally last quarter and about 6.5 million pieces of hate speech content on Instagram. On both platforms, it says about 95% of that hate speech was proactively identified and stopped by artificial intelligence.

Details: In total, the company says that there are 10–11 views of hate speech for every 10,000 views of content uploaded to the site globally — or .1%. It calls this metric — how much problematic content it doesn't catch compared to how much is reported and removed — "prevalence."

1 hour ago - Podcasts

Former Georgia Gov. Roy Barnes on the Senate runoffs

The future of U.S. politics, and all that flows from it, is in the hands of Georgia voters when they vote in two Senate runoffs on January 5.

Axios Re:Cap digs into the election dynamics with former Georgia Gov. Roy Barnes, a Democrat who served between 1999 and 2003.

1 hour ago - Health

Cuomo orders emergency hospital protocols as COVID capacity dwindles

Gov. Andrew Cuomo (D). Photo: Lev Radin/Pacific Press/LightRocket via Getty Images

New York Gov. Andrew Cuomo said on Monday that struggling state hospital systems must transfer patients to sites that are not nearing capacity, as rising coronavirus cases and hospitalizations strain medical resources.

Why it matters: New York does not expect to get the same kind of help from thousands of out-of-state doctors and nurses that it got this spring, Cuomo acknowledged, as most of the country battles skyrocketing COVID hospitalizations and infections.