Facebook’s First Amendment rights complicate Section 230 debate

Published October 22, 2021 11:45am ET



Last week, House Democrats introduced another bill designed to alter social media companies’ business practices — this time by punishing “personalized algorithms.” This is the latest in a year-long bipartisan assault on Section 230 of the Communications Decency Act, the primary statute governing hosting of user-generated content online.

Given the ongoing heat and light on this issue, it’s important to recognize Section 230 is not the only legal framework in play. Even without Section 230, another significant obstacle exists to both parties’ efforts to micromanage platforms’ editorial decisions: the First Amendment.

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