6-29-2022 AIP

This is the first of three posts examining Section 230 of the Communications Decency Act of 1996, commonly known as § 230. While the law was enacted with the best of intentions to allow the internet to flourish, it has been misconstrued by courts for decades and is being taken advantage of by big tech companies. This post examines the events that led to § 230 being enacted, the short legislative history, and what the law actually says. The next post will examine how courts have wrongfully interpreted § 230, straying far away from the plain meaning of its unambiguous text. The final post will consider several solutions to fixing § 230, and which might be the most advantageous from a constitutional and policy perspective.

The Big Picture

The Big Picture