Section 230: Twenty-Six Words that Created Controversy

Winter 2022

Article traces origin story of Section 230 and subsequent judicial interpretations and application of this controversial provision in the Telecom Act of 1996. The articles discusses the dispute over the scope of the immunity that has been applied in various situations, including "hard" cases. The article notes Justic Thomas's concerns about Sectionn 230.The article reviews the current debate over the exercise of content moderation by large platforms. The article highlights the ongoing legislative debate on if and how to update Section 230 and related state legislative action. The author concludes with changes that have been suggested to Section 230 and what may happen next.

Full Citation

Joe Cosgrove Jr., Section 230: Twenty-Six Words that Created Controversy, 61:2 Infrastructure 3 (2022).