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Interactive computer service; Communications Decency Act; terrorism; Anti-Terrorism Act; incitement; liability shield; internet service provider; First Amendment; Brandenburg v. Ohio; social media; Facebook; Google; Twitter; ISIS; terrorist propaganda; home grown terrorist; terrorist attacks
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Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich
Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich
Brooklyn Law Review
In recent years, “home grown” terrorists—individuals inspired to violence after watching terrorist videos online—have been responsible for devastating attacks in the United States and across Europe. Such terrorist propaganda falls outside the realm of the First Amendment’s protection because it has been proven to indoctrinate attackers, thus inciting imminent lawless action. Seizing on this, victims’ families have brought suits alleging that social media platforms, including Twitter, Facebook, and Google, provided material support to terrorists in violation of the Anti-Terrorism Act (ATA). The Communications Decency Act (CDA), however, has served as an impenetrable shield against these claims, protecting social media companies …