if you assume that Amy Coney Barrett gets, you know, put into the High Court in a matter of days or whatever, um, it's only a matter of time until the right case is thoughtfully prepared along those guardrails that that Clarence Thomas defined. And it'll get, you know, fast tracked through to the Supreme Court. But if I was a betting man, which I am, I think that section 230 is their days are numbered.View on YouTube
Summary Chamath predicted that after Amy Coney Barrett’s quick confirmation, a Clarence‑Thomas‑style challenge to Section 230 would be fast‑tracked to the Supreme Court and, as a result, Section 230’s current liability shield would effectively be ended or fundamentally overturned “within the subsequent few years.” That has not happened as of November 29, 2025.
What actually happened
-
Amy Coney Barrett was confirmed quickly, as assumed.
The Senate confirmed Barrett to the Supreme Court on October 26, 2020, just days after the podcast, matching the predicate of his forecast. (en.wikipedia.org) -
A major Section 230–related case did reach the Supreme Court, but the Court declined to change the law.
Gonzalez v. Google LLC (about whether Section 230 immunity covers recommendation algorithms) and Twitter, Inc. v. Taamneh were heard in February 2023 and decided in May 2023. The Court unanimously ruled for the tech companies in Taamneh and then vacated and remanded Gonzalez without deciding the scope of Section 230, explicitly “declin[ing] to address” Section 230 and leaving its broad liability shield intact. (en.wikipedia.org)
This is the opposite of the “fundamental overturning” Chamath envisioned. -
Subsequent Supreme Court actions have reinforced, not dismantled, Section 230.
In October 2025, the Supreme Court refused to hear an appeal in a case where a plaintiff alleged Grindr’s design enabled his sexual assault; the Ninth Circuit had held that Section 230 barred the suit. By denying certiorari, the Court let that broad Section 230 immunity ruling stand. (reuters.com) -
Section 230 remains the baseline federal liability shield as of late 2025.
Authoritative overviews of Section 230 note that, after Gonzalez/Taamneh, the Supreme Court “effectively avoided” changing Section 230, and the statute continues to provide broad immunity to platforms for user‑generated content. (en.wikipedia.org)
Some lower‑court cases (like Anderson v. TikTok in 2024) have narrowed immunity at the margins (e.g., for certain algorithmic “recommendations”), and Congress has repeatedly introduced—but not passed—bills to amend or sunset Section 230 (EARN IT Act, Algorithm Accountability proposals, etc.). Those efforts show political pressure but do not amount to Section 230’s liability regime being “ended” or fundamentally overturned. (en.wikipedia.org)
Evaluation of the prediction
- Correct components: Barrett was indeed confirmed within days, and significant Section 230–related cases did reach the Supreme Court relatively soon afterward.
- Crucial failure: The key claim—that these developments would lead the Court to effectively end or fundamentally overturn Section 230’s liability shield “within the subsequent few years”—is clearly contradicted by the Court’s 2023 decisions (which sidestepped changing Section 230) and its 2025 refusal to take up another challenge to those protections.
Because the core outcome he “bet” on (Section 230’s days being “numbered”) has not materialized more than five years later and the law’s central immunity remains intact, the prediction is wrong.