Section 230
Is Compelling Social Media to Moderate According to First Amendment Standards Consistent with First Amendment Principles?
Jeff HermesJustice Clarence Thomas issued a separate concurring opinion questioning whether public officials could be held to First Amendment standards with respect to conduct on social media sites owned and operated by private parties who are not themselves subject to the First Amendment.
Court Dismisses Libel Suit By Former Trump Campaign Adviser Against Yahoo News and HuffPost
Jeff GrossmanA Delaware court has dismissed a defamation lawsuit brought by former Trump 2016 campaign adviser Carter Page against Yahoo News and HuffPost concerning articles about the U.S. intelligence investigation into Page’s contacts with Russia.
Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers
Christopher W. Savage, Ambika Kumar Doran, and James RosenfeldIf passed, the Act would dramatically change the landscape of online liability.
Why Tying Section 230 to Political Neutrality Violates the First Amendment
Berin SzókaConditioning 230 immunity on opening yourself up to legal liability under consumer protection law is a Rube-Goldberg-esque legal contraption intended to do what the First Amendment clearly forbids: forcing websites to host user-generated content they find objectionable.
The Broad Reach of CDA § 230 and Its Limits
John C. GreinerAn overview of the types of Section 230 arguments that plaintiffs have asserted and how the courts have treated their claims.