Section 230 takes this free speech-rooted disregard for people and their feelings, and ramps it up a few notches, immunizing online media companies from liability for hosting not only anything the First Amendment protects, but also from the reach of most of the very limited speech restrictions that First Amendment jurisprudence disdainfully tolerates.

Internet Service Providers (ISPs) can host maliciously defamatory speech that would not be protected by the First Amendment. They can host threats of violence that are outside the First Amendment.  They can host obscenity as long as it is not comprised of child pornography, and they can host panic-inducing online equivalents of shouts of “Fire!” in crowded theaters without fearing civil suit or arrest, as long as no federal crime is committed.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]