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Jess Miers s Techdirt Profile

Your Problem Is Not With Section 230, But The 1st Amendment

Mon, Nov 2nd 2020 9:35am Jess Miers Everyone wants to do something about Section 230. It’s baffling how seldom we talk about what happens next. What if Section 230 is repealed tomorrow? Must Twitter cease fact-checking the President? Must Google display all search results in chronological order? Perhaps PragerU would finally have a tenable claim against YouTube; and Jason Fyk might one day return to showering the Facebook masses with his prized collection of pissing videos. Suffice to say, that’s not how any of this works. Contrary to what seems to be popular belief, Section 230 isn’t what’s stopping the government from pulling the plug on Twitter for taking down NY Post tweets or exposing bloviating, lying, elected officials. Indeed, without Section 230, plaintiffs with a big tech axe to grind still have a significant hurdle to overcome: The First Amendment.

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