To protect free speech, protect the Digital Millennium Copyright Act

Published March 3, 2021 12:00am ET



Allegations of online bias and political censorship simmered throughout the last presidential election, culminating with the de-platforming of a sitting president. While this has led to an animated debate over Section 230, the law governing online content moderation, another law governing online content is quietly moving forward in Congress with little public attention.

That law, Section 512 of the Digital Millennium Copyright Act, addresses questions of copyright and fair use. And recent changes to the law proposed by Sen. Thom Tillis, a North Carolina Republican, may prove just as harmful to consumers as some of the proposed reforms to Section 230. In fact, most concrete cases of removing content posted by former President Donald Trump and other conservative groups have been due to copyright complaints under Section 512, not Section 230.

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