Free Speech Versus Compelled Speech: A First Amendment Reform of Section 230
Michael Alderman, Comment, Free Speech Versus Compelled Speech: A First Amendment Reform of Section 230, 48 Seton Hall J. Legis. & Pub. Pol'y (Forthcoming 2023).
37 Pages Posted: 9 Sep 2023
Date Written: August 22, 2023
Abstract
This Comment discusses Section 230 of the Communications Decency Act, a law that provides immunity to websites for information posted by third parties. Republicans and Democrats frequently suggest changes to Section 230, either by introducing amending legislation or while on the campaign trail. One subset of those changes concerns “deplatforming,” or removing users or posts that the website finds objectionable. This Comment looks at this category of amendments and argues that such a use of editorial discretion on the part of websites constitutes the website’s editorial discretion, a right protected by the First Amendment. First, this Comment traces the background and development of Section 230. Next, this Comment explores other proposed amendments to Section 230 and why they do not achieve the correct aims of refining Section 230. Third, this Comment explains First Amendment jurisprudence underpinning the immunities offered through Section 230. Finally, this Comment will propose a new framework for Section 230(c), codifying First Amendment compelled speech rights for platforms in the statutory text.
Keywords: Section 230, First Amendment, Free Speech, Compelled Speech, Legislation reform, Constitutional Law, Law and Technology
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