Anonymous ID: 6acf8f May 26, 2020, 2:58 p.m. No.9323359   🗄️.is đź”—kun   >>3435

>>9323305

As Cruz properly understands, Section 230 encourages Internet platforms to moderate “offensive” speech, but the law was not intended to facilitate political censorship. Online platforms should receive immunity only if they maintain viewpoint neutrality, consistent with traditional legal norms for distributors of information.

 

Congress responded by enacting Section 230, establishing that platforms could not be held liable as publishers of user-generated content and clarifying that they could not be held liable for removing any content that they believed in good faith to be “obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.” This provision does not allow platforms to remove whatever they wish, however. Courts have held that “otherwise objectionable” does not mean whatever a social media company objects to, but “must, at a minimum, involve or be similar” to obscenity, violence, or harassment. Political viewpoints, no matter how extreme or unpopular, do not fall under this category.

 

The dominant social media companies must choose: if they are neutral platforms, they should have immunity from litigation. If they are publishers making editorial choices, then they should relinquish this valuable exemption. They can’t claim that Section 230 immunity is necessary to protect free speech, while they shape, control, and censor the speech on their platforms. Either the courts or Congress should clarify the matter.

 

https://www.city-journal.org/html/platform-or-publisher-15888.html