On May 1, 2025, the Center for Democracy & Technology (CDT) submitted an amicus brief in the case of Patterson v. Meta. This filing aims to highlight the potential impacts on free expression that could arise from weakening Section 230 protections, particularly regarding speech that is protected by the Constitution but may be seen as controversial.
The CDT's brief argues that "Section 230’s liability protections are essential to enable free expression online." These protections also cover the use of automated systems for ranking and ordering content, which are considered part of traditional publishing activities. Additionally, the brief emphasizes that product liability claims should not be viewed as separate from Section 230's scope. Courts are encouraged to determine if such claims attempt to hold a service provider accountable as a publisher of third-party content.
Moreover, the CDT notes that livestreaming, being a method of publishing third-party content, should also benefit from Section 230's protections.