How Section 230 Enhances the First Amendment

American Constitution Society (ACS) Issue Brief, 2020

Santa Clara Univ. Legal Studies Research Paper

14 Pages Posted: 9 Sep 2020

See all articles by Eric Goldman

Eric Goldman

Santa Clara University - School of Law

Date Written: July 28, 2020

Abstract

This Issue Brief explores how Section 230 interacts with the First Amendment. It begins by discussing Section 230’s substantive benefits, then discusses its procedural benefits, and concludes by arguing that proposals to eliminate Section 230 would create critical gaps in the law that the First Amendment would not adequately back-fill. Losing Section 230 would substantially reshape the Internet for the worse. Yet, shockingly, that is exactly the direction so many of our political leaders apparently think we should go.

Keywords: Constitution, First Amendment, Section 230, 47 USC 230, Cda, Communications Decency Act, Free Speech, Free Expression

JEL Classification: K2, K42

Suggested Citation

Goldman, Eric, How Section 230 Enhances the First Amendment (July 28, 2020). American Constitution Society (ACS) Issue Brief, 2020, Santa Clara Univ. Legal Studies Research Paper , Available at SSRN: https://ssrn.com/abstract=3662475

Eric Goldman (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408-554-4369 (Phone)

HOME PAGE: http://www.ericgoldman.org

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