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Blog

How Big Tech gets away with censorship: 5 facts about §230

As FreedomWorks takes a new position on §230, to date, we have published two pieces that provide important context to this discussion. The first detailed why the statute was passed, the short congressional debates, and what the statute says in plain English. The second detailed how courts have misconstrued the statutory text that has led us to the position we find ourselves in today. Before our final post, which will detail solutions and possible ways forward, this post will respond to several arguments we have seen in response to our first two posts.

06/14/2022
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Op-ed Placement

Big Tech's First Amendment Argument Might Eviscerate Section 230

Last month, the 11th Circuit Court of Appeals held that several parts of Florida’s social media law, S.B. 7072, were likely unconstitutional. That sentence should give readers pause. The court’s decision did not rest on Section 230. Rather, it rested on the argument that social media platforms (platforms) enjoy a First Amendment right to censor, shadow-ban, deplatform, and moderate third-party content in any way they want. Last week, the Supreme Court blocked a similar Texas social media law from being enforced that the 5th Circuit greenlighted. While the justices that granted relief from the shadow docket did not explain their reasoning, the decision resulted in an unusual 5-4 split.

06/09/2022
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Blog

How Big Tech gets away with censorship: how the courts have misinterpreted §230

This is the second 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 how the courts have wrongfully interpreted §230, straying far from the plain meaning of the text. The first post examined the events that led to §230’s enactment, its short legislative history, and what the law actually says. The final post will consider solutions to fixing §230, and which might be the most advantageous from a constitutional and policy perspective.

05/19/2022
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Blog

How Big Tech gets away with censorship: what is § 230 and why was it enacted?

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.

04/19/2022
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Op-ed Placement

Two Years Later, Democrats Finally Admit the Obvious: COVID Is Here To Stay

Last week, Biden made a push for even more COVID funding as part of his administration's new strategy of “living with the virus.” Curiously enough, small government conservatives have been saying that this would have to be the strategy from day one.

04/05/2022
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Blog

Key takeaways from Judge Jackson’s Supreme Court confirmation hearings

President Biden nominated Judge Ketanji Brown Jackson of the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court. This is the fifth post on her nomination. It analyzes what Judge Jackson told the Senate Judiciary Committee and whether what she said is consistent with her judicial record. It also details how Senate Democrats have dealt with nominees who have preached a judicial philosophy of originalism. The first post detailed who Judge Jackson is and what President Biden wants in a Supreme Court nominee. The second post examined and critiqued her opinion in Committee on the Judiciary v. McGahn (D.D.C. 2019) where she held the House Judiciary Committee's subpoena of former White House Counsel Don McGahn was enforceable in federal court. The third post provided 25 questions for Senators to ask Judge Jackson at her confirmation hearing. The fourth post analyzed the originalist and textualist records of President Trump's Supreme Court nominees.

04/01/2022
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Blog

The originalist and textualist records of President Trump’s Supreme Court nominees

President Biden nominated Judge Ketanji Brown Jackson of the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court. This is the fourth post on her nomination. It provides an analysis of the originalist and textualist records of President Trump's Supreme Court nominees. The next and final post will detail Judge Jackson's confirmation hearing, and compare her answers and record with President Trump's nominees. The first post detailed who Judge Jackson is and what President Biden wants in a Supreme Court nominee. The second post examined and critiqued her opinion in Committee on the Judiciary v. McGahn (D.D.C. 2019) where she held the House Judiciary Committee's subpoena of former White House Counsel Don McGahn was enforceable in federal court. The third post provided 25 questions for Senators to ask Judge Jackson at her confirmation hearing.

03/29/2022
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Op-ed Placement

CBDC and the Fragility of a Cashless Society

The rise of digital assets is a revolution in the digital and financial world; for the first time, consumers can make direct money payments across the globe at the speed of the internet. The widespread use of digital assets would allow consumers to transfer money near-instantaneously rather than rely on a series of intermediaries to conduct a single transaction.

03/21/2022
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Blog

25 Questions for Judge Jackson’s confirmation hearing

President Biden nominated Judge Ketanji Brown Jackson of the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court. This is the third post on her nomination. It provides twenty-five questions that Senators should ask at her confirmation hearing. The first post detailed who Judge Jackson is and what President Biden wants in a Supreme Court nominee. The second post examined and critiqued her opinion in Committee on the Judiciary v. McGahn (D.D.C. 2019) where she held the House Judiciary Committee's subpoena of former White House Counsel Don McGahn was enforceable in federal court.

03/17/2022
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Blog

Judge Jackson’s Cramped View of the Separation of Powers

President Biden has nominated Judge Ketanji Brown Jackson of the D.C. Circuit to replace Justice Stephen Breyer on the Supreme Court. This is the second post on her nomination. It examines and critiques her opinion in Committee on the Judiciary v. McGahn (D.D.C. 2019) where she held the House Judiciary Committee's subpoena of former White House Counsel Don McGahn was enforceable in federal court. The first post examining who Judge Jackson is and what President Biden wants in a Supreme Court nominee can be found here.

03/15/2022

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