Techdirt The Supreme Court's Internet Cases
Feb 10, 2026
Cathy Gellis, a legal and policy expert on technology and internet law, walks through recent Supreme Court attention to the internet. She covers early internet cases and Section 230, Tamna and common-law liability, NetChoice and moderation laws, TikTok and national security reviews, and upcoming privacy and Fourth Amendment rulings.
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Industry Briefing Shaped Early 230 Outcome
- Early Supreme Court engagement around internet law often reinforced existing protections rather than breaking the web.
- Broad industry amicus participation helped persuade the Court to be cautious on Section 230.
Participate Early With Amicus Briefs
- If industry cares about a case's outcome, file amicus briefs early and in volume.
- Participation can show the Court real-world consequences and deter rash rulings.
Moody Confirmed Editorial Rights, Created Mess
- Moody/NetChoice confirmed editorial discretion on the internet is First Amendment protected.
- The decision's equivocations about facial vs as-applied challenges created ongoing legal confusion.