Section 230 Facially Violates 1st Amendment by Sub-Contracting Censorship
The government has granted the power to censor the entire USA to Twitter, Facebook, and Google, but that power is unconstitutional. Op-ed.
In Kurt Vonnegut’s epic novel Cat’s Cradle, Felix Hoenikker, a character who co-created the atomic bomb in the novel, also created another military weapon called “Ice-Nine.” Ice-Nine is an alternate crystalline structure of water that is solid at room temperature, and acts as a seed crystal upon contact with oridnary water, causing it to “freeze” up and become a solid crystal.
The novel ends when some Ice-Nine accidently falls into the ocean, and causes the entire world’s oceans, rivers and groundwater aquifers to apocalyptically freeze up into one huge solid crystal of Ice-Nine.
Why am I talking about Ice-Nine when writing on Section 230 of the Communications Decency Act? Because Section 230 is the “Ice-Nine” of free speech, and of democracy itself. Big Tech has used Section 230 to begin to “freeze out” certain free speech, and if allowed to continue, will destroy the very core of democracy.
Thus, Section 230 has become the enemy of the United States and of democracy, and it must be destroyed; or it will destroy the 1st Amendment, free speech, and the United States – in that order.
Imagine that you are an average residential consumer of electricity from your utility. Suppose you are politically motivated and send out emails to your friends, family, and your email list containing non-violent unquestionably 1st Amendment-constitutionally-protected speech. How would you feel if a newly created person called the “Human content monitor” of your supposedly neutral electric utility unilaterally decided that you were engaging in “objectionable” activities, and without notice or hearing turned off all power to your apartment? You’d sue the electric company and the government on the basis that the electric company is a quasi-government-empowered entity that is violating your 1st Amendment right to free speech.
Unfortunately, many people don’t have to imagine this scenario. Their supposedly neutral quasi-governmentally- empowered social media companies have “discovered” they were posting “objectionable” tweets against Democrats, and based on that alone ordered a shut-down of their social media service.
One should be able to sue the social media company on the basis that the social media company is a quasi-government-empowered entity that is violating your 1st Amendment. But guess what? The “Good Samaritan” Section 230 of the “Communications Decency Act” (“CDA”) empowers all the left-wing tech companies to quash your platform access merely because they believe “in good faith” that your posts are “otherwise objectionable.”
The supposed “good Samaritan” provision has, in fact, become the incarnation of the Orwellian 1984 Ministry of Truth. The United States Government has unconstitutionally “sub-contracted” the infinite power of total censorship to quasi-governmentally-empowered companies in clear facial violation of the 1st Amendment.
Here is 47 U.S. Code § 230 of the CDA – “Protection for private blocking and screening of offensive material,” which states, in full:
https://www.thegatewaypundit.com/2021/07/section-230-facially-violates-1st-amendment-sub-contracting-censorship/