People wait in line outside the US Supreme Court in Washington, DC, on February 21, 2023 to hear oral arguments in two cases that test Section 230, the law that provides tech companies a legal shield over what their users post online.
Jim Watson | AFP | Getty Images
Supreme Court Justices voiced hesitation on Tuesday about upending a key legal shield that protects tech companies from liability for their users’ posts, and for how the companies moderate messages on their sites.
Justices across the ideological spectrum expressed concern with breaking the delicate balance set by Section 230 of the Communications Decency Act as they rule on the pivotal case, Gonzalez v. Google, even as some suggested a narrower reading of the liability shield could sometimes make sense.
The current case was brought by the family of an American killed in a 2015 terrorist attack in Paris. The petitioners argue that Google, through its subsidiary YouTube, violated the Anti-Terrorism Act by aiding and abetting ISIS, as it promoted the group’s videos through its recommendation algorithm. Lower courts sided with Google, saying Section 230 protects the company from being held liable for third-party content posted on its service.
The petitioners contend that YouTube’s recommendations actually constitute the company’s own speech, which would fall outside the bounds of the liability shield.
But the justices struggled to understand where the petitioner’s counsel, Eric Schnapper, was drawing the line on what counts as content created by YouTube itself.
Conservative Justice Samuel Alito at one point said he was “completely confused” by the distinction Schnapper tried to draw between YouTube’s own speech and that of a third party.
Schnapper repeatedly pointed to the thumbnail image YouTube shows users to display what video is coming up next, or is suggested based on their views. He said that thumbnail was a joint creation between YouTube and the third party that posted the video, in this case ISIS, because YouTube contributes the URL.
But several justices questioned whether that argument would apply to any attempt to organize information from the internet, including a search engine results page. They expressed concern that such a broad interpretation could have far-reaching effects the high court may not be prepared to predict.
Conservative Justice Brett Kavanaugh noted that courts have applied Section 230 consistently since its inception in the 1990s and pointed to the amici briefs that warned overhauling that interpretation would cause massive economic consequences for many businesses, as well as their workers, consumers and investors. Kavanaugh said those are “serious concerns” Congress could consider if it sought to rework the statute. But the Supreme Court, he said, is “not equipped to account for that.”
“You’re asking us right now to make a very precise predictive judgment that ‘Don’t worry, that it’s really not going to be that bad,'” Kavanaugh told U.S. Deputy Solicitor General Malcolm Stewart, who was arguing the high court should send the case back to the lower court for further consideration. “I don’t know that that’s at all the case. And I don’t know how we can assess that in any meaningful way.”
When Stewart suggested that Congress could amend 230 to account for changes in the reality of the internet today, Chief Justice John Roberts pushed back, noting “the amici suggests that if we wait for Congress to make that choice, the internet will be sunk.”
Even conservative Justice Clarence Thomas, who has openly written that the court should take up a case around Section 230, seemed skeptical of the petitioners’ line in the sand. Thomas noted that YouTube uses the same algorithm to recommend ISIS videos to users interested in that kind of content, as it uses to promote cooking videos to those interested in that subject. Plus, he said, he sees those as suggestions, not affirmative recommendations.
“I don’t understand how a neutral suggestion about something that you’ve expressed an interest in is aiding and abetting,” Thomas said.
The justices had tough questions for Google too, wondering if the liability protections are quite as broad as the tech industry would like to believe. Liberal Justice Ketanji Brown Jackson, for example, had a long back and forth with Lisa Blatt, counsel arguing on behalf of Google, about whether YouTube would be protected by Section 230 in the hypothetical scenario in which the company promotes an ISIS video on its homepage in a box marked “featured.”
Blatt said publishing a homepage is inherent to operating a website so should be covered by Section 230, and that organization is a core function of platforms, so if topic headings can’t be covered, the statute basically becomes a “dead letter.”
Liberal Justice Elena Kagan suggested it’s not necessary to agree completely with Google’s assessment of the fallout from altering 230 to fear the potential consequences.
“I don’t have to accept all of Ms. Blatt’s ‘the sky is falling’ stuff to accept something about, ‘Boy, there’s a lot of uncertainty about going the way you would have us go,’ in part just because of the difficulty of drawing lines in this area,” Kagan told Schnapper, adding the job may be better suited for Congress.
“We’re a court, we really don’t know about these things,” Kagan said. “These are not like the nine greatest experts on the internet.”
Section 230 proponents are optimistic
Several experts rooting for Google’s success in this case said they were more optimistic after the arguments than before at a press conference convened by Chamber of Progress, a center-left industry group that Google and other major tech platforms support.
Cathy Gellis is an independent attorney in the San Francisco Bay Area who filed an amicus brief on behalf of a person running a Mastodon server, as well as a Google-funded startup advocacy group and a digital think tank. She told CNBC that briefs like hers and others seemed to have a big impact on the court.
“It would appear that if nothing else, amicus counsel, not just myself, but my other colleagues, may have saved the day because it was evident that the justices took a lot of those lessons on board,” Gellis said.
“And it appeared overall that there was not a huge appetite to upend the internet, especially on a case that I believe for them looked rather weak from a plaintiff’s point of view.”
Still, Eric Goldman, a professor at Santa Clara University School of Law, said while he felt more optimistic on the outcome of the Gonzalez case, he remains concerned for the future of Section 230.
“I remain petrified that the opinion is going to put all of us in an unexpected circumstance,” Goldman said.
On Wednesday, the justices will hear a similar case with a different legal question.
In Twitter v. Taamneh, the justices will similarly consider whether Twitter can be held liable for aiding and abetting under the Anti-Terrorism Act. But in this case, the focus is on whether Twitter’s decision to regularly remove terrorist posts means it had knowledge of such messages on its platform and should have taken more aggressive action against them.
Conservative Justice Amy Coney Barrett asked Schnapper how the decision in that case could impact the one in the Google matter. Schnapper said if the court ruled against Taamneh, the Gonzalez counsel should be given the chance to amend their arguments in a way that fits the standard set in the other case.
This photo illustration created on January 7, 2025, in Washington, DC, shows an image of Mark Zuckerberg, CEO of Meta, and an image of the Meta logo.
Drew Angerer | Afp | Getty Images
Meta will face off against the U.S. Federal Trade Commission on Monday in a high-stakes antitrust trial that could result in the company divesting Instagram and WhatsApp.
The trial in Washington is expected to last weeks and centers around the FTC’s allegations that Meta monopolizes the personal social networking market. CEO Mark Zuckerberg, former COO Sheryl Sandberg, Instagram co-founder Kevin Systrom and other current and former Meta executives are expected to testify, along with top brass from rivals TikTok, Snap and Google’s YouTube, according to a legal filing.
The FTC claims Meta shouldn’t have been allowed to buy Instagram for $1 billion in 2012 and WhatsApp for $19 billion in 2014, and the agency is calling for those units to be sliced off from the Menlo Park, California, company.
“Acquiring these competitive threats has enabled Facebook to sustain its dominance—to the detriment of competition and users—not by competing on the merits, but by avoiding competition,” the FTC said in a legal filing.
Meta disagrees and filed a pretrial brief last week reiterating its arguments that it is not a monopoly and that acquiring Instagram and WhatsApp has not harmed competition.
The trial will test the boundaries of the U.S.’s antitrust laws pertaining to corporate acquisitions, said Prasad Krishnamurthy, a law professor at U.C. Berkeley Law. The FTC will have to prove that not only did Meta monopolize the social media market but that its acquisitions of Instagram and WhatsApp actively “harmed competition.”
“It’s a big case because it involves Meta, a social media giant, and it involves one of the most important kind of markets in the world, the social media market,” Krishnamurthy said. “It has big implications for something that consumers use as part of their daily life, Instagram and WhatsApp.”
Judge James E. Boasberg, chief judge of the Federal District Court in DC, stands for a portrait at E. Barrett Prettyman Federal Courthouse in Washington, DC on March 16, 2023.
Carolyn Van Houten | The Washington Post | Getty Images
The lead up to the trial
The FTC filed its antitrust case against Meta in 2020, but judge James Boasberg of the U.S. District Court in Washington dismissed the case in 2021, saying the agency did not have enough evidence to prove “Facebook holds market power.”
Despite the dismissal, the FTC in August 2021 filed an amended complaint with more details about the company’s user numbers and metrics relative to competitors like Snapchat, the now-defunct Google+ social network and Myspace. After reviewing the amendments, Boasberg in 2022 ruled that the case could proceed, saying the FTC had presented more details than before.
“Although the agency may well face a tall task down the road in proving its allegations, the Court believes that it has now cleared the pleading bar and may proceed to discovery,” Boasberg wrote.
Meta motioned to end the case last April, but Boasberg denied it, ruling in November that the company must face trial. In a small victory for Meta, however, Boasberg did dismiss the FTC’s allegation that Facebook restricted third-party app developers’ access to its platform to maintain market dominance.
The company is expected to push back on the rest of the FTC’s allegations at trial on Monday. In a recent pre-trial brief, Meta’s lawyers wrote that the FTC fails to acknowledge that the company competes with numerous rivals, including TikTok, YouTube and Apple’s iMessage.
But the FTC’s core argument is that the company has monopolized the specific market of personal social networking, saying there are no major alternatives to Meta’s apps like Facebook and Instagram, which are used by people to stay up to date and communicate with friends and family in an online, shared-social space.
This disputed notion of the market that Meta operates and competes in could be crucial to the case’s outcome, Krishnamurthy said.
“When you look at antitrust cases, the market definition that comes out of the case, even what ends up being the one that determines the ruling, is often not anything remotely like how lay people or even businesses in that market will describe it,” Krishnamurthy said.
Andrew Ferguson, Commissioner of the Federal Trade Commission, speaks at a fireside chat at Harvard University’s second annual Conservative and Republican Student Conference 2025 at The Charles Hotel in Cambridge, Massachusetts, U.S., Feb. 8, 2025.
Sophie Park | Reuters
What happens now
The case kicks off Monday and is expected to last several weeks, and it could be months before Boasberg issues a ruling. It’s also unclear how the change of power in Washington could impact the case.
After being inaugurated in January, President Donald Trump replaced FTC Chair Lina Khan with Andrew Ferguson. Khan served as chair of the commission under former President Joe Biden and earned a reputation for being tough on businesses.
With the tech industry in particular, Khan brought an antitrust case against Amazon in 2023 and unsuccessfully sued to block Meta, Nvidia and Microsoft’s acquisitions of virtual reality startup Within, chip-design giant Arm and Activision Blizzard, respectively.
Though this case kicked off during Trump’s first time in office, Khan continued to pursue it during the Biden administration, telling a House Committee in May 2024 that the lawsuit “highlights the competitive importance of data and notes that privacy degradation can constitute an antitrust harm.”
Some legal experts have said that Trump’s pick of Ferguson could mean the FTC eases up on antitrust enforcement.
Khan told CNBC’s “Squawk Box” in early Jan. that she hopes the new Trump Administration won’t give Meta a “sweetheart deal” in the FTC case after Zuckerberg’s overtures to the White House.
Ferguson, however, has not indicated that the FTC plans to abandon its case, and in March, he told CNBC that his team has a “trial coming up” and that they are “pressing toward that.”
“My job is to make sure that everyone is complying with the antitrust laws,” Ferguson said. “And if they aren’t, we go to court.”
Ferguson is painting himself as an independent and is proceeding with trial outside of the broader political world, said George Hay, an antitrust law professor at Cornell Law School. Hay added that he’s pleased that Ferguson appears to be moving forward with the case despite much of its progress occurring during the Biden Administration.
“When you come in to the FTC, you inherit a staff of professionals who’ve been doing a lot of work, and it’s not that easy just to say, ‘Throw it all away,'” Hay said.
People shop at an Apple store in Grand Central Station in New York on April 4, 2025.
Michael M. Santiago | Getty Images
Though U.S. President Donald Trump’s 90-day pause on many of his “reciprocal tariffs” has given some firms and investors respite, America’s largest company, Apple, hasn’t been so lucky.
The Cupertino-based tech giant is heavily reliant on supply chains in China, which has seen its levies only continue to ramp up, with the U.S.’ cumulative tariff rate on Chinese goods now standing at 145%.
Thus, despite the U.S. trade situation looking more promising for much of the world, experts say that U.S.-China negotiations remain the most important variable for Apple.
“Apple could be set back many years by these tariffs,” Dan Ives, global head of technology research at Wedbush Securities, told CNBC, adding that the company had “had their boat flipped over in the ocean with no life rafts.”
The smartphone maker has been diversifying its supply chain from China for years, but out of the 77 million iPhones it shipped to the U.S. last year, nearly 80% came from China, according to data from Omdia.
The tech-focused research firm estimates that under current tariffs, Apple could be forced to increase its prices on phones sold to the U.S. from China by around 85% in order to maintain its margins.
“When the original China tariffs were at 54%, that kind of impact was serious, but manageable … but, it wouldn’t make financial sense for Apple to raise prices based on the current tariffs,” said Le Xuan Chiew, research manager at Omdia.
Few options
Apple reportedly shipped 600 tons of iPhones, or as many as 1.5 million units, from India to the U.S. before Trump’s new tariffs took effect, according to Reuters and The Times of India.
Apple and two of its iPhone producers did not respond to a CNBC inquiry.
Chiew said while this news is unconfirmed, stockpiling would’ve been the best option for the company to quickly mitigate the tariff impacts and buy themselves some time.
However, it’s not clear how long such stockpiles could last, especially as consumers increase iPhone purchases in anticipation of higher prices, he added.
According to Omdia, Apple’s medium-term strategy has been to reduce exposure to geopolitical and tariff-related risks, and it has appeared to focus on increasing iPhone production and exports from India.
Trump’s temporary halt will likely push tariffs on India to a baseline of 10% — at least for now — giving it a more favorable entry into the U.S.
However, the build-up of iPhone manufacturing in India has been a yearslong process. Indian iPhone manufacturers only began producing Apple’s top-of-the-line Pro and Pro Max iPhone models for the first time last year.
According to Chiew, ramping up enough production in India to satisfy demand could take at least one or two years and is not without its own tariff risks.
Exemptions?
In face of the tariffs, experts said the company’s best option is likely to appeal to the Trump administration for a tariff exemption for imports from China as it continues to ramp up its diversification efforts.
This is something the company had received — to an extent — during the first Trump administration, with some analysts believing it could happen again this time around.
“I still see some potential relief that can come in the form of concessions for Apple based upon its $500 billion U.S. commitment,” said Daniel Newman, CEO of The Futurum Group. “This hasn’t been discussed much — but I’m optimistic that companies that commit to U.S. expansion may see some form of relief as negotiations progress.”
Still, Trump has been clear that he believes Apple can make iPhones in the U.S.— though analysts have doubts about the plan. Wedbush analyst Ives has predicted that an iPhone would cost $3,500 if produced in the U.S. instead of the more typical $1,000.
Meanwhile, other analysts say that even a trade deal or tariff exemption may not be enough for Apple to avoid adverse business effects.
“Let’s assume that there is at least some thaw coming, either in a moderation of reciprocal tariffs targeting China or in a special exemption for Apple,” said Craig Moffett, co-founder and senior analyst at equity research publisher MoffettNathanson.
“That still wouldn’t solve the problem. Even a 10% baseline tariff poses an enormous challenge for Apple.”
Tesla CEO Elon Musk wears a ‘Trump Was Right About Everything!’ hat while attending a cabinet meeting at the White House, in Washington, D.C., U.S., March 24, 2025.
Carlos Barria | Reuters
Tesla shares slumped on Thursday, reversing course a day after the electric vehicle maker had its biggest gain on the market since 2013.
The stock dropped 7.3% to close at $252.40 and is now down 38% for the year, by far the biggest decline among tech’s megacap companies. That’s true even after the shares soared 23% on Wednesday, their second-sharpest rally on record.
President Donald Trump sent stocks up on Wednesday after announcing he would pause steep tariffs for many U.S. trading partners for 90 days to allow for negotiations. He set a minimum tariff rate of 10% while negotiations take place, but increased the tariff on China.
The whole market has whipsawed on President Trump’s changing plans, but Tesla has been particularly volatile, rising or falling by at least 5% on 19 different occasions this year.
The slump on Thursday came after the White House clarified that China’s tariff rate now stood at 145%. Beijing announced a reciprocal 84% tariff rate on U.S. goods, effective April 10. And the EU said it approved reciprocal tariffs on U.S. imports.
As questions swirled about the type of deals the U.S. might strike, analysts at UBS, Goldman Sachs and Mizuho cut their price targets on Tesla, with all three citing margin impacts of Trump’s auto tariffs.
“We expect Tesla shares to be volatile but downward sloping considering the rich valuation (especially compared to the other Mag7 stocks) in a skittish market,” UBS wrote. The firm, which has a sell rating and price target of $190, said it also sees “demand concerns.”
Tesla has experienced brand deterioration, declining deliveries and has been hit with protests along with some criminal acts targeting its facilities and vehicles. CEO Elon Musk, one of President Trump’s top advisers, has drawn heat to Tesla for his work in the White House, where he has slashed government spending and the federal workforce. In Europe, he has faced opposition after endorsing Germany’s far-right AfD party.
Tesla sales declined across Europe in the first quarter, according to data from European Automobile Manufacturers’ Association (ACEA) and others.
The uncertainty and threat of new tariffs has been troubling for Tesla’s margin outlook. The company sources many parts and materials from suppliers in China, Mexico and elsewhere.
Sales growth for Tesla previously hinged on the company’s ability to manufacture and sell a high volume of its cars and battery energy storage systems throughout Europe and Asia. EV competition has ramped up on both continents recently, and now the company has to contend with highest costs imposed by levies.
Musk has taken his anger out on Trump’s top trade adviser Peter Navarro, calling him a “moron” and “dumber than a sack of bricks” in social media posts earlier this week. However, Musk has shown his approval of the administration’s hard line against China, sharing a clip on X of U.S. Treasury Secretary Scott Bessent discussing the matter.
“China’s business model is predicated on this incredible imbalanced economy, and exporting low-cost goods – and subsidized goods – to the rest of the world,” Bessent said in the clip.
Thursday’s selloff provided some relief to Tesla short sellers, who got hammered in the prior day’s rally. According to S3 Partners, Tesla short interest stood around 80.5 million shares, with a 2.8% float as of Thursday. It’s one of the top four equity shorts in terms of notional value, at $17.9 billion. Short sellers bet on the decline in a stock and lose money when it goes up.