The United States’ Approach to 'Platform' Regulation

19 Pages Posted: 13 Apr 2023

See all articles by Eric Goldman

Eric Goldman

Santa Clara University - School of Law

Date Written: 2023


This paper summarizes the United States’ legal framework governing Internet “platforms” that publish third-party content. It highlights three key features of U.S. law: the constitutional protections for free speech and press, the statutory immunity provided by 47 U.S.C. § 230 (“Section 230”), and the limits on state regulation of the Internet. It also discusses U.S. efforts to impose mandatory transparency obligations on Internet “platforms.”

Keywords: section 230, 47 USC 230, censorship, free speech, platform governance, UGC, user-generated content, First Amendment

JEL Classification: K2, K42

Suggested Citation

Goldman, Eric, The United States’ Approach to 'Platform' Regulation ( 2023). Santa Clara Univ. Legal Studies Research Paper No. 4404374, Available at SSRN: or

Eric Goldman (Contact Author)

Santa Clara University - School of Law ( email )

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