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Reason
Reason
Politics
Eugene Volokh

Massachusetts High Court: Claim Against Meta for Alleged Addiction of Children Can Go Forward Notwithstanding § 230

From today's opinion in Commonwealth v. Meta Platforms, Inc., written by Justice Dalila Argaez Wendlandt, for a unanimous court:

The Commonwealth alleges that Meta Platforms, Inc., and Instagram, LLC (collectively, Meta), engaged in unfair business practices by designing the Instagram platform to induce compulsive use by children, engaged in deceptive business practices by deliberately misleading the public about the safety of the platform, and created a public nuisance by engaging in these unfair and deceptive practices.

The court concluded that § 230 doesn't bar Massachusetts' claims (note that no First Amendment claims were discussed in the opinion). It began by offering the following interpretation of § 230(c)(1) immunity:

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