In Support of Section 230 of 1996’s Communications Decency Act
[Headline from DRJ]
Tech critics on both sides have it wrong: Section 230 is not a special privilege:
Recently, both Republicans and Democrats have publicly questioned the future of one of the most important laws underpinning the explosion of the internet: Section 230 of 1996’s Communications Decency Act. Policymakers including Speaker of the House Nancy Pelosi (D-Calif.) and Sen. Josh Hawley (R-Mo.) have both called the law, which protects internet providers and platforms from liability for the content their users generate, an unfair and special privilege for tech companies.
But in a new Mercatus Center at George Mason University working paper, we discuss why Section 230 is about accelerating sound legal precedent and free speech protection, not special privilege. It emerged as the codification of a pro-speech legal principle that had been developing since the 1930s: Media distributors should very rarely be liable for the content they transmit.
Starting with earlier technologies like newswire services and radio, courts began to recognize that free speech norms and a need for pragmatic rules should outweigh arguments for holding what are essentially conduits of information liable for that information. One early case found that a radio station should not be subject to strict liability for a host remarking that a certain establishment was a “rotten hotel.” As information technology expanded, so did this norm to include new mediums and address concerns such as newsstands and libraries
The rest is at the link.
— DRJ