Tuesday, September 15, 2020
Eric Goldman, Santa Clara University School of Law, has published How Section 230 Enhances the First Amendment in the American Constitutional Society Issue Brief (2020). Here is the 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.
Download the essay from SSRN at the link.