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Bonkers Opinion Repeals Section 230 In the Third Circuit–Anderson v. TikTok


This decision is bonkers. The majority implies that any effort to curate third-party content automatically converts the third-party content into first-party content so that it no longer qualifies for Section 230 immunity. Because every UGC service necessarily curates every content...

In other words, this majority thinks the Supreme Court sub silento overturned hundreds of cases and decades of precedent across the country with respect to a statute it never actually discussed. In the intro paragraph, the opinion says that Section 230 “has become popular among a host of purveyors of pornography, self-mutilation, and exploitation, one that smuggles constitutional conceptions of a “free trade in ideas” into a digital “cauldron of illicit loves” that leap and boil with no oversight, no accountability, no remedy.” Great to see the judge start off with a balanced and well-informed view about the Internet’s strengths and weaknesses. “Today, § 230 rides in to rescue corporations from virtually any claim loosely related to content posted by a third party, no matter the cause of action and whatever the provider’s actions.” Seriously?

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