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Five Decisions Illustrate How Section 230 Is Fading Fast


Professor Eric Goldman continues to be the best at tracking any and all developments regarding internet regulations. He recently covered a series of cases in which the contours of Section 230&#8217…

Meta may well be insulated from liability for injuries resulting from bullying or sexually inappropriate posts by Instagram users, but the State at oral argument made clear that it asserts no claims on those grounds…. Also, every time I see the argument that services didn’t deploy age authentication tools, when the legal compulsion to do so has been in conflict with the First Amendment for over a quarter-century, I wonder how we got to the point where the courts so casually disregard the constitutional limits on their authority. The court thus forges its own path, redoes 230 analyses that have been done in superior fashion previously dozens of times, and cherrypicks precedent that supports its predetermined conclusion–a surefire recipe for problematic decisions.

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