Why Section 230 Is Better Than the First Amendment
Notre Dame Law Review Online, Forthcoming
16 Pages Posted: 3 Apr 2019
Date Written: March 12, 2019
47 U.S.C. § 230 (“Section 230”) immunizes Internet services from liability for third-party content. This immunity acts as a crucial legal foundation for the modern Internet. However, growing skepticism about the Internet has placed the immunity in regulators’ sights.
If the First Amendment mirrors Section 230’s speech protections, narrowing Section 230 would be inconsequential. This Essay explains why that’s not the case. Section 230 provides defendants with more substantive and procedural benefits than the First Amendment does. Because the First Amendment does not backfill these benefits, reductions to Section 230’s scope pose serious risks to Internet speech.
Keywords: section 230, 47 usc 230, first amendment, free speech, communications decency act, cda, ugc
JEL Classification: K10, K41
Suggested Citation: Suggested Citation