Chipping Away at Online Speech

After Social Media sites blocked a Misleading Video posted by President Trump's Campaign, he said on a Radio Show, On August 6th, that of course the Companies are Censoring him.

Thump is far from the Only U.S. Politician to argue that Social Media Platforms must be held Accountable for how they handle User Posts as their Role in Shaping Public Opinions grows.

Democrats point to: Election Meddling; Hate Speech; and Misinformation Online, whereas Republicans say Tech Companies Censors their Ideas and Candidates.

Lawmakers on the Right and Left are Calling to Change the Status that Shields the Companies from Liability for Online Speech: Section 230, a Clause in the 1996 Communications Decency Act.

There are Several Efforts under way in Washington this Summer to Limit Section 230 and How the Statute is Interpreted.

The PACT Act - Senators John Thune (R-SD) and Brian Schatz (D-HI) Introduced the PACT Act to Require Online Platforms to Explain their Content Moderation Practices in a Policy that's Easily Accessible for Consumers. Their Bill would also Require the Platforms to take Down Posts that Courts have found to be Illegal.

The EARN IT Act - Senators Lindsey Graham (R-SD) and Richard Blumenthal (D-CT) seeks to Curb Online Sexual Abuse of Children It would Narrow Section 230 to Allow for More Lawsuits against Companies that Present or Distribute Material that Exploits Children.

Executive Order - President Trump Issued an Executive Order in May Instructing Government Agencies to Clarify the Narrow purpose of the Clause and ask the Federal Communication Commission (FEC) to Draft New Rules around it.

DOJ Recommendations - The Department of Justice (DOJ) has Outlined proposed Changes to Section 230 and Recommendations for how Courts should Interpret it more Narrowly than before. These Reforms would Remove Companies Protections if they Promote Illegal Speech and would Limit their Discretion in taking Down Political Posts.

Major immediate Action is unlikely because the Pandemic and the approaching Election, but Tech Companies and Free Speech Advocates are Alarmed. For the Tech Industry, Policing Content more Carefully would probably mean bolstering its Ranks of Hired Moderators and Facing Down far more Lawsuits. Tech's Clash with Washington over Section 230 sets a Volatile 2021.










NYC Wins When Everyone Can Vote! Michael H. Drucker