Anderson v. TikTok, U.S. App. LEXIS 21771, ___ F. 4th ___ (3d Cir., August 27, 2024) (Shwartz, J.), sets new parameters for the liability of social media under Section 230 of the Communications Decency Act, 47 U.S.C. Section 230. The facts of the case are tragic and alarming. Its implications for social media could be far reaching.

TikTok, Inc., via its algorithm, recommended and promoted videos posted by third parties to 10-year-old Nylah Anderson on her uniquely curated "For You Page," (hereinafter FYP). One video depicted the "Blackout Challenge," which encourages viewers to record themselves engaging in acts of self-asphyxiation. After watching the video, Nylah attempted the conduct depicted in the challenge and unintentionally hanged herself. Nylah's mother, Tawainna Anderson, sued TikTok and its corporate relative ByteDance, Inc., (collectively, TikTok) for violations of state law. The district court dismissed her complaint, holding that the Communications Decency Act (CDA), 47 U.S.C. Section 230, immunizes TikTok. On appeal, the U.S. Court of Appeals for the Third Circuit reversed in part, vacated in part, and remanded.