It's surprising that more than a quarter century after its adoption, notorious Section 230 of the Communications Act of 1934, enacted in 1996 as part of the Communications Decency Act, has never been reviewed by the Supreme Court. That's about to change now – and if you've been reading the essays in my "Thinking Clearly and Speaking Freely" series, you'll know that I welcome the review.
As construed by the lower courts that have had occasion to consider it, Section 230 provides Big Tech platforms like Twitter, Facebook, and YouTube, and other "interactive computer services," with near universal immunity from liability for posts by users of their platforms.
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