Technology
May 15, 2026
Section 230 is starting to show its cracks
While Doe v. Meta follows existing Section 230 law, its concurrences signal rising judicial pressure to narrow platform immunity for algorithm-driven recommendations--potentially reshaping social media law and inviting Supreme Court review.
Warrington Parker
Partner
Crowell & Moring LLP
Phone: (415) 986-2800
Email: wparker@crowell.com
Harvard Univ Law School; Cambridge MA
The decision in Doe v. Meta Platforms, Inc., 24-1672 (9th Cir.) appears to be a routine application of Section 230 immunity under well-settled circuit precedent. But two concurrences reflect judicial willingness to reconsider a key term in Section 230 that could reshape modern social media law. The decision and concurrences are less a statement of settled law than a snapshot of a doctrine in flux.
Background on Section 230
$95
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In