Supreme Court Weighs Review of Section 230 in Twitter CSAM Case

Briefing has concluded on a cert petition challenging Twitter's Section 230 immunity for CSAM.

On February 10, 2026, the National Center on Sexual Exploitation (NCOSE) petitioned the U.S. Supreme Court to review a Ninth Circuit decision in John Doe #1 and John Doe #2 v. Twitter, Inc. At the case’s core: whether Section 230 of the Communications Decency Act protects platforms that knowingly host and distribute child sexual abuse material (CSAM).

• According to the complaint, the plaintiffs were minors trafficked for sex, and CSAM depicting them was shared on Twitter while they were underage. The material remained online despite repeated notices and was only removed after federal intervention, having accrued over 167,000 views.
• The Ninth Circuit previously held that Section 230 shielded Twitter from both possession and distribution claims, as well as from claims of knowingly benefiting from a sex trafficking venture.
• Dani Pinter, chief legal officer at NCOSE, said, "We are petitioning the U.S. Supreme Court to reverse this ruling and finally clarify the proper interpretation and scope of Section 230 protections."
• On March 13, 2026, Senator Josh Hawley filed an amicus brief, contending, "Nothing in the text, structure, or history of the Communications Decency Act's Section 230 shields internet platforms that knowingly possess and distribute child pornography." (Read Hawley’s brief)

Section 230’s scope has enabled the broad growth of online platforms but faces increased criticism where serious criminal content is involved. The cert petition calls on the Supreme Court to clarify when – or if – platforms lose immunity for hosting illegal material. Legal experts and lawmakers argue the decision could set major precedents for how tech companies police their networks and respond to criminal activity online.

What's next: The Supreme Court’s decision on whether to grant certiorari is still pending.