“If platforms know they will have to defend themselves for years in court before they can benefit from Section 230 immunity, this creates a perverse incentive to censor user speech.”
In California v. Meta the Ninth Circuit held that a denial of Section 230 immunity cannot be appealed right away. Immunity from liability, not immunity from suit. Meta can afford to litigate for years and will. A forum with 400 users cannot, so it deletes the post and settles. Everyone cheering the outcome wanted to hurt Big Tech and hit everyone smaller instead.