Opinion | An appeals court ruling just threw online speech into disarray
Washington PostDec 01, 2021
Supreme Court Considering Cases to Determine Tenets of Online Speech
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The Facts
SCOTUS could consider cases that dramatically alter the rules governing online speech and the protections given to big tech platforms as, on Friday, it will discuss whether to hear two cases challenging Florida and Texas laws prohibiting platforms from censoring political speech.
The cases center around Section 230 of the Communications Decency Act (CDS), enacted in 1996, which allows platforms to decide which content is allowed to be posted while also shielding platforms from liability if users' posts violate the law.
The Spin
Pro-establishment narrative
Section 230 provides vital protections that allow private companies and their users to use the internet freely. Making tech companies responsible for their algorithms’ recommendations is a slippery slope that could end up making any company responsible for its users. Any alteration to Section 230 would cripple free speech and completely upend social media.
Establishment-critical narrative
Section 230 is a malevolent statute that allows the world’s most powerful corporations to hide behind a shield of immunity while they violate the rights of users. Big Tech platforms actively censor dissenting voices without even trying to hide it — they violate civil rights and deny the most basic right of all, freedom of speech.
