X knowingly hosted child abuse material. Should they be sued for it?

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5/19/26 | Issue #67

IS SOCIAL MEDIA RESPONSIBLE FOR SEXUAL CONTENT?

For nearly 30 years, a federal law called Section 230 has shielded social media platforms from being sued over what their users post. The logic: platforms are like phone companies — they carry the message, they don't write it.

Now the Supreme Court is being asked to reconsider that logic. In Doe v. X Corp., a victim of child sexual abuse material is suing X (formerly Twitter), arguing that the platform knowingly hosted the material and profited from the traffic it generated. A California jury already found Meta and Google liable for $6 million in damages in a separate case for addicting a child to social media. The dam is cracking.

Platforms say removing liability protection would force them to over-censor everything. Victims say that protection has let companies look the other way for decades. Both sides are right about something.

Pick Your Side

POSITION A: Hold Them Liable

A phone company can't be sued for what you say on a call. But X/Twitter is a publisher that curates, amplifies, and profits from content, including content that harms children. Knowingly hosting illegal material and hiding behind a 1996 law written before smartphones existed is an abdication.

POSITION B: Keep the Protection

The moment platforms become legally liable for every piece of user content, they start deleting anything remotely controversial to avoid lawsuits — and the internet becomes a sanitized, over-moderated shell. Section 230 isn't a get-out-of-jail-free card for bad actors. It's the legal architecture that makes open platforms possible at all.