Section 230 protects online platforms from being held responsible for any illegal/ harmful information posted by their users. Thus, seemingly barring Cohen’s suit against Brightside. However, 18 U.S.C. 2339 makes it illegal to knowingly provide material support/resources to terrorist organizations. They don’t need to intend to support the organization’s activities; one must simply know that group is a terrorist organization.
Is a social media account a resource? I believe so. The organization was able to (1) reach millions of people through its accounts and (2) communicate with each other. That is definitely a resource.
Jones held that materially contributing to illegality creates responsibility. One may argue that Brightside didn’t have reason to know of the organization. However, this is weakened by the fact that the organization and its leaders brazenly identified themselves, posted about their activities, and that Brightside received notice as early as 2016 identifying these accounts as a part of a terrorist organization. There is no reason to believe that Brightside didn’t know.
So, while Brightside may seem immune, this is not the case, as they illegally provided a resource to a terrorist organization. And because of this, they can be held responsible, and thus, Section 230 does not bar Cohen’s against the platform.
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