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content curation algorithmsTechnology & Marketing Law Blog
•64% Informative
Opinion Repeals Section 230 In the Third CircuitAnderson v. TikTok is a terrible example of judicial activism.
The majority implies that any effort to curate third -party content automatically converts the content into first -party.
Ergo, Section 230 never will work in the third Circuit .
This opinion urgently needs en banc review.
Riddle me this: If qualifying for the First Amendment simultaneously means that the service automatically disqualifies for Section 230 , then why did Congress enact Section 230 at all? The majority’s reliance on Moody for its content -character-changing conclusion is especially baffling.
Invoking Justice Thomas ’ Doe v. Snap statement exacerbates the majority's logic problems.
Judge Matey ’s concurrence/dissent is perhaps even MORE bonkers than the majority.
Section 230 applies exclusively to content hosting; everything else is outside its scope.
The panel majority felt comfortable overruling longstanding circuit precedent; expressly conflicting with at least 7 other circuits; and ruling without doing oral arguments post-Moody .
VR Score
59
Informative language
56
Neutral language
42
Article tone
semi-formal
Language
English
Language complexity
50
Offensive language
possibly offensive
Hate speech
not hateful
Attention-grabbing headline
detected
Known propaganda techniques
detected
Time-value
short-lived
External references
7
Source diversity
6
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