3min chapter

Strict Scrutiny cover image

Not the Nine Greatest Experts on the Internet

Strict Scrutiny

CHAPTER

Is Section 230 a Good Idea?

Leah Kohn: If this is germane, it seems to relate more to the scope of liability than whether you're acting as a publisher or speaker. So maybe this like neutrality line is one that the law could try to give effect to, but it's hard to see how in the context of section 230. And these and some other exchanges made clear something that Justice Sotomayor had also come out and said, which is that the justices do seem to be looking for a line. That would say section 230 doesn't actually bar all lawsuits where a plaintiff is suing an interactive computer service provider for something that happens on that service provider's service.

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