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Section 230

Apr 2021

Is Compelling Social Media to Moderate According to First Amendment Standards Consistent with First Amendment Principles?

Jeff Hermes

Justice 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.

Mar 2021

Court Dismisses Libel Suit By Former Trump Campaign Adviser Against Yahoo News and HuffPost

Jeff Grossman

A 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.

Feb 2021

Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers

Christopher W. Savage, Ambika Kumar Doran, and James Rosenfeld

If passed, the Act would dramatically change the landscape of online liability.

Jul 2020

Why Tying Section 230 to Political Neutrality Violates the First Amendment

Berin Szóka

Conditioning 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.

Jan 2018

The Broad Reach of CDA § 230 and Its Limits

John C. Greiner

An overview of the types of Section 230 arguments that plaintiffs have asserted and how the courts have treated their claims.

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