4. Any Sec. 230 reform should be done legislatively, not unilaterally by the executive. Not only is pen-and-phone lawmaking bad, it's not even likely to endure once the White House changes parties.
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5. Just because the law does not treat publishers & platforms differently, does not mean it could *never* be written to do so. It's not an answer to just say "that's what the law says now." But drawing that distinction legislatively would raise a number of thorny issues.
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There’s no “position” on this. It is an irrefutable fact that he cannot.
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How about we just don't have social media anymore?
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Depends who is "we."
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Section 230 says that websites can act as soapboxes AND police content. That’s the point! NRO can edit its comments section, and because of Section 230, you can’t sue NRO because your comment got deleted.
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I'm not arguing it is currently illegal! It's not. I'm saying the law should be open to change so we don't necessarily treat Twitter and NRO as similarly situated, when they are not, in many obvious ways. But as I said, I'm not so sure you can fix the law without creating worse.
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I wonder if the focus on Section 230 here is misplaced. IANAL, but IF there is a verifiable pattern of ideological suppression on a given platform, AND that platform has made public statements of neutrality in this regard, is there a place for antitrust laws to kick in?
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Point 3 is exactly on point. Any solution that affects what content a social media company feels safe to allow in terms of legal liability is going to hit the right far harder than the left.
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