How Section 230 Enhances the First Amendment

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