Section 230 Goldman

Undoing section 230 would be an an existential.

Section 230 goldman. This would make every removal decision a vexing calculus about whether section 230 c 2 a would apply and how much it would cost to defend the inevitable lawsuits according to goldman. On the minus side this still points towards a defense win. Meanwhile the court ignored the many cases where section 230 has in fact applied to the defendant s own words. First amendment law review vol.

For other aspects of section 230 c 1 defendants qualify for the defense regardless of their scienter. Section 230 is a piece of internet legislation in the united states passed into law as part of the communications decency act cda of 1996 a common name for title v of the telecommunications act of 1996 formally codified as section 230 of the communications act of 1934 at 47 u s c. Truscello also from a philadelphia court. Section 230 geeks will notice that section 230 is available only if kik lacked 1591 scienter.

17 page 279 2019. This is unusual in the section 230 doctrine. Said santa clara university law professor eric goldman. The idea that trump is talking about section 230 at campaign rallies that s insane says eric goldman a law professor and blogger who has written extensively about the law.

See e g milo v. Undoing section 230 would be an an existential threat to the internet he said. Section 230 applies to cut and paste jobs of third party content per the uncited case d alonzo v. Goldman eric the complicated story of fosta and section 230 2019.

It peels back section 230 to create some new legal exposure for online services for the first time in over two decades. Section 230 generally provides immunity for website publishers from third party content. Section 230 of the 1996 communications decency act itself part of a broader. But goldman doesn t see the white house order as that kind of threat to the internet saying it s political theater that will appeal to trump supporters.