HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

Politicians Want to Destroy Section 230, the Internet's First Amendment

Views:1019
@ReasonVids

Reason's Elizabeth Nolan Brown reviews four myths about Section 230, the law that protects free speech online, put out by politicians and media personalities.
------------------
Subscribe to our YouTube channel: http://youtube.com/reasontv
Like us on Facebook: https://www.facebook.com/Reason.Magazine/
Follow us on Twitter: https://twitter.com/reason
Subscribe to our podcast at Apple Podcasts: https://goo.gl/az3a7a

Reason is the leading source of news, politics, and culture from a libertarian perspective. Go to reason.com for a point of view you won't get from legacy media and old left-right opinion magazines.
----------------
Television personalities and politicians, from Tucker Carlson to Nancy Pelosi, are calling for changes to the law that has protected the internet since the '90s. But they don't seem to have a clue about what it actually says, or whom it really protects.

Section 230 is a portion of the 1996 Communications Decency Act. It has made the internet as we know it possible by establishing that tech companies are not responsible for what their users post on their apps, websites, and devices. Section 230 allows for the free exchange of ideas on the internet—and it may be just as important to online free speech as the First Amendment.

Section 230's most important sentence reads as follows:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Critics have come up with creative ways of distorting what the law says. Here are four myths to watch out for:

Myth 1: Tech Companies Must Be Neutral

"Neutrality" is not a condition of the law. Section 230 was designed in part so that internet companies could discriminate by filtering out content that's illegal, indecent, or otherwise objectionable. Before Section 230, online companies feared that any moderation would make them legally liable for user content. Section 230 explicitly says that's not the case—"good faith" and "voluntary" attempts to filter out unwanted posts and users are OK. 

Without Section 230, it would be hard for companies to avoid lawsuits and criminal charges without either becoming cesspools of totally unmoderated speech or banning user-generated speech entirely.

Myth 2: Section 230 Makes a Distinction Between Platform and Publisher

There is no legal distinction in Section 230 between a "publisher" and a "platform." The word "platform" doesn't even appear. What matters for legal purposes is who is responsible for creating particular web content. 

Judgment calls about user speech—however poorly executed, and whatever ideological biases are apparent—just don't affect whether a company is broadly protected by Section 230 or not.

Myth 3: Section 230 Shields Big Tech From Legal Liability

People like to pretend 230 created a legal "loophole," but the congress that passed Section 230 back in 1996 was explicit: Section 230 would not apply when it comes to federal criminal laws or intellectual property law. That means copyright violators and serious criminals do not get a free pass because of Section 230.

What the law does provide is limited protection from criminal charges brought by state or local law authorities and some immunity from getting sued in civil court.

This immunity is lost if a company:

Creates illegal content itself or edits content in a way that contributes to its illegality
Participates in illegal acts to obtain content
Engages in or profits directly from some illicit action

Section 230 is meant to leave room for holding online operators accountable for their own sins but not for those of their customers.

Myth 4: Section 230 Is Only for Large Tech Companies

Section 230 doesn't only benefit companies. As attorney Jeff Kosseff, author of The 26 Words That Created the Internet, puts it: "There also are significant free speech benefits to the public."

Section 230 shields not just the providers of digital services from litigation but the users of these services, too. Without it, anyone could find themselves liable for retweeting, reblogging, or posting links to content that is later found to break the law.

Yet for all the protections it provides to readers, writers, academics, shitposters, entrepreneurs, activists, and amateur political pundits of every persuasion, Section 230 has somehow become a political pariah.

The political class wants everyone to believe that the way the U.S. has policed the internet for the past quarter-century has actually been lax, immoral, and dangerous.

Don't believe them. The future of free speech—and a lot more—may depend on preserving Section 230.

Written by Elizabeth Nolan Brown. Edited by Paul Detrick.

Giant by The Grand Affair is licensed under a Creative Commons Attribution license (https://creativecommons.org/licenses/by/4.0/)
Source: https://www.youtube.com/audiolibrarydownload?vid=46110e91d40fbb0c

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
,
section 230
,
tucker carlson
,
ted cruz
,
nancy pelosi
,
josh hawley
,
free speech
    Thumbnail for Hong Kong Protesters Want Democracy, Accountability, Autonomy, and U.S. Support3:45
    Hong Kong Protesters Want Democracy, Accountability, Autonomy, and U.S. Support
    ReasonVids
    789 views
    Thumbnail for Is It Wrong for a Country to Maintain Its Ethnic Balance?3:35
    Is It Wrong for a Country to Maintain Its Ethnic Balance?
    AmericanRenaissance
    2244 views
    Thumbnail for [속보] 이재명 공직선거법 2심 무죄 [무조건 간다 LIVE] | 뉴스TVCHOSUN4:45:16
    [속보] 이재명 공직선거법 2심 무죄 [무조건 간다 LIVE] | 뉴스TVCHOSUN
    invidious
    107 views
    Thumbnail for BlackRock CEO Larry Fink Is Trying to Change the World Using Other People's Money0:30
    BlackRock CEO Larry Fink Is Trying to Change the World Using Other People's Money
    bestofpoal
    1471 views
    Thumbnail for Episode 8 - Flight 800-0002:03
    Episode 8 - Flight 800-000
    murdochmurdoch
    1293 views
    Thumbnail for Eugene Jarecki on His Drug-War Doc The House I Live In and Why Prohibition is Doomed9:16
    Eugene Jarecki on His Drug-War Doc The House I Live In and Why Prohibition is Doomed
    ReasonVids
    880 views
    Thumbnail for Настя, Катя и Макс играют вместе | Like Nastya5:03
    Настя, Катя и Макс играют вместе | Like Nastya
    kids.topic
    77 views
    Thumbnail for Dave Ramsey's Secret Weapon0:19
    Dave Ramsey's Secret Weapon
    bestofupgoat
    75 views
    Thumbnail for Boxer Brings Up Race For No Reason. Doesn’t End Well.0:25
    Boxer Brings Up Race For No Reason. Doesn’t End Well.
    AOUisgay
    452 views
    Thumbnail for 9-11-2001 - Israeli "Art Students" were inside the WTC Complex with climbing gear, demolition triggers, and vans filled with explosives.1:00
    9-11-2001 - Israeli "Art Students" were inside the WTC Complex with climbing gear, demolition triggers, and vans filled with explosives.
    bestofupgoat
    189 views
    Thumbnail for Demographic Change: Imagined or Inevitable?8:47
    Demographic Change: Imagined or Inevitable?
    AmericanRenaissance
    1366 views
    Thumbnail for Video Clip "Night Work" -  Scissor Sisters4:24
    Video Clip "Night Work" - Scissor Sisters
    invidious
    258 views
    Thumbnail for How Dark Web Markets Are Changing The World | Mental Outlaw8:33
    How Dark Web Markets Are Changing The World | Mental Outlaw
    invidious
    135 views
    Thumbnail for "Armed islamic mobs are out in force across the UK today shouting “Allahu Akbar”.  We cannot allow this to happen to Ireland."0:14
    "Armed islamic mobs are out in force across the UK today shouting “Allahu Akbar”. We cannot allow this to happen to Ireland."
    bestofupgoat
    245 views
    Thumbnail for The Hood keeping the repo from taking a car0:59
    The Hood keeping the repo from taking a car
    bestofvoatxyz
    1145 views
    Thumbnail for Private Snafu in "Censored.", 1944 | US National Archives5:13
    Private Snafu in "Censored.", 1944 | US National Archives
    invidious
    342 views
    Thumbnail for Groundhog Day: 20182:28
    Groundhog Day: 2018
    ReasonVids
    1004 views
    Thumbnail for If you're brown you'll find a home in London1:22
    If you're brown you'll find a home in London
    bestofvoatxyz
    520 views
    Thumbnail for Based dude explains the value of closed borders 1:17
    Based dude explains the value of closed borders
    bestofupgoat
    100 views
    Thumbnail for FLASHBACK: How Do I Find Broken Links? (2021)24:55
    FLASHBACK: How Do I Find Broken Links? (2021)
    corbettreport_uo
    686 views
    Thumbnail for The person in red was in the bathroom during the entire landing process after being asked many times to come out and take a seat by flight staff. After which this happened.5:57
    The person in red was in the bathroom during the entire landing process after being asked many times to come out and take a seat by flight staff. After which this happened.
    publicfreakouts
    911 views
    Thumbnail for Shin Kazuma (Galaxy Fight) vs Yagumo (Kabuki Klash) - M.U.G.E.N.1:42
    Shin Kazuma (Galaxy Fight) vs Yagumo (Kabuki Klash) - M.U.G.E.N.
    memology101
    1185 views
    Thumbnail for Reason's Secret Recipe for Nutrient-Rich Coverage of the Trump Era0:58
    Reason's Secret Recipe for Nutrient-Rich Coverage of the Trump Era
    ReasonVids
    996 views
    Thumbnail for city0:45
    city
    christianfriend
    394 views
    Thumbnail for The Monopoly On Violence1:45:42
    The Monopoly On Violence
    obiedge
    883 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
,
section 230
,
tucker carlson
,
ted cruz
,
nancy pelosi
,
josh hawley
,
free speech
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle