Justices say they don’t know much about social media, try to pass buck to Congress

One of the funniest, most telling moments of the two day arguments came when Kagan essentially roasted herself and the entire court by admitting the justices really don’t understand how social media works.

“We’re a court,” Kagan said. “We really don’t know about these sorts of things. These are not like the nine greatest experts on the internet.”

The justices went on to prove their ignorance throughout the hearing, with multiple justices saying they were confused by the arguments the plaintiff’s attorney tried to muster. Some justices, like Kavanaugh, questioned whether or not it was their place to make a decision on 230 and floated the idea of handing any decision off to Congress instead. As past hearings have shown though, many of those lawmakers aren’t exactly technology savants either.

“Those are serious concerns,” Kavanaugh said. “Concerns Congress, if it were to take a look at this and try to fashion something along the lines of what you’re saying, could account for.”

“We are not equipped to account for that,” he added.

The justices aren’t the only ones apprehensive about the judiciary making a call on Section 230. Advocates in favor of wide protections, such as the Center for Democracy and Technology, have previously said it’s crucial for justices to acquire deep knowledge of internet firms’ underlying technologies before they make a major decision. The justices basically admitted they aren’t up to that task this week.

“The Court needs to understand how the technology underlying online speech actually works, in order to reach a thoughtful ruling that protects users’ rights,” Alexandra Reeve Givens, president and CEO of the Center for Democracy and Technology, said in a statement.