which analyzes Section 230 in-depth and presents the costs and benefits of protecting online platforms.
Then there’s also a lot of what’s known as lawful but awful content. And the bottom line is that the First Amendment protects a whole lot of really bad stuff. With or without Section 230, the government can’t impose penalties for that content. That’s stuff like misinformation, hate speech—that stuff that Section 230 is often blamed for. But Section 230 actually facilitates the ability of platforms to develop policies to block content without becoming liable for everything.
Though it tends to be things like defamation [or] certain types of harassment if it rises to the level of actually being a viable action. But even then, there are still First Amendment protections for the platforms that are really hard to overcome. I mean, defamation, even against the person who posted, is a really hard claim to bring in the United States. Even without Section 230. It becomes even harder when you’re bringing it against the platform that distributed that content.In D.C.
defamation. If you were to sue me for defamation and the court were to rule that it was defamatory, which again, is really hard to get to because there arecommon law protections. But let’s say that it was adjudicated to be defamatory. We’ve had some courts say even in that situation, Section 230 would prevent a platform from being required to remove that content that’s adjudicated to be defamatory. I don’t think that should be the case.
This isn't going to age well.
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