The First Amendment and Section 230

Aug 13, 2021
Aug 13, 2021 Updated Apr 13, 2025
5

Editor,

A recent letter criticizing social media for “censorship” misinterprets both the First Amendment and Section 230 of the Communications Decency Act of 1996.

(5) comments

Tafhdyd Aug 13, 2021 7:21am

Mr. Halfhill,

I have not done any research into section 230 but I am sure you and other readers have. The mention of the flaw between internet media and print media tells me that maybe the reason is what it was designed for. In 1996 there were no mega companies like Google and Facebook on the internet, if I recall it was mainly geared to email and communications. There were no instant video transmissions on smart phones, etc. If the law was written without the knowledge of what could be done in the future, perhaps that is the flaw. Although many on the right will disagree, the founding fathers did not anticipate IED's, RPG's, or high capacity automatic weapons in their idea of keep and bear arms.

Terence Y Aug 13, 2021 9:06am

Nice observation on 230, Taffy. As for your dig at many on the right, how many folks do you know actually have IED’s, RPG’s or high capacity automatic weapons? I know I don't need to tell you this, but I’m one on the right, and even I don’t have IED’s, RPG’s or high capacity automatic weapons (depending upon your definition of high capacity). Although if they’re legal… I still have some Biden bucks.

Terence Y Aug 13, 2021 9:00am

Mr. Halfhill, thanks for highlighting a contrast. Those that are currently riding the winds of change can easily be paddling against the wind in a very short time.

edkahl Aug 13, 2021 11:36am

Google, FB, etc. are monopolistic common carriers as defined in 47 U.S. Code Part I. As such they must give equal time to political speech. This will likely be tested all the way up to the Supreme Court.

tdonnelly Aug 13, 2021 2:13pm

The question I have is why you support the "thought police" and are against free speech?

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