The so-called “Henderson test” would significantly weaken the power of Section 230 of the Communications Decency Act, several experts said in conversations and briefings following oral arguments in the case Gonzalez v. Google. One way the Supreme Court could undercut Section 230 is by endorsing the Henderson test, some advocates believe. Ironically, Google’s own lawyers may have given the court more confidence to endorse this test, if it chooses to do so. The Henderson test came about from a November ruling by the Fourth Circuit appeals court in Henderson v. The Source for Public Data. A lower court ruled that Section 230 barred the claims, but the appeals court overturned that decision.
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