EFF to Third Circuit: TikTok Has Section 230 Immunity for Video Recommendations | Electronic Frontier Foundation

I've been a long time supporter of the EFF and this may be an area where I diverge with their view.

In this case, the Third Circuit panel erroneously held that since TikTok enjoys protection for editorial choices under the First Amendment, TikTok’s recommendations of user videos amount to TikTok’s first-party speech, making it ineligible for Section 230 immunity. In our brief, we argued that First Amendment protection for editorial choices and Section 230 protection are not mutually exclusive.

I’m not the legal expert that these folks are, but I do believe that Section 230 should not cover editorial promotion whether driven by people or algorithm. I don't know how that then intersects with the First Amendment but I do think that they should be liable. And as the EFF says if they are it would change their practices and I think they should.

Meanwhile the open web exists and is ready to publish whatever you want.