July 2020

Why Tying Section 230 to Political Neutrality Violates the First Amendment

By Berin Szóka

PUBLISHED IN: MLRC Bulletin 2020 Issue 1

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.

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