As promised, the Cyberlaw Podcast devoted half of this episode to an autopsy of Gonzalez v Google LLC , the Supreme Court's first opportunity in a quarter century to construe section 230 of the Communications Decency Act. And an autopsy is what our panel – Adam Candeub, Gus Hurwitz, Michael Ellis and Mark MacCarthy – came to perform. I had already laid out my analysis and predictions in a separate article for the Volokh Conspiracy, contending that both Gonzalez and Google would lose.
All our panelists agreed that Gonzalez was unlikely to prevail, but no one followed me in predicting that Google's broad immunity claim would fall, at least not in this case. The general view was that Gonzalez's lawyer had hurt his case with shifting and opaque theories of liability, that Google's arguments raised concerns among the Justices but not enough to induce them to write an opinion in such a muddled case.
Evaluating the Justices' performance, Justice Neil Gorsuch's search for a textual answer drew little praise and some derision while Justice Ketanji Jackson won admiration even from the more conservative panelists.
