Section 230 and Liability for Social Media Companies

Section 230 provides legal protection for social media companies, treating them as common carriers not responsible for user-generated content. However, if these companies begin to editorialize through algorithms and promote specific content, they may be held liable similar to traditional publishers like CNN or the New York Times. The application of Section 230 is likened to a newsstand model, where the distributor is not held liable for the content it disseminates. The fundamental question is whether user-generated content platforms function as publishers or distributors in the eyes of the law.