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Jawboning in Plain Sight: The Unconstitutional Censorship Tolerated by the DMCA

Author Table of Contents Media Contact For general and media inquiries and to book our experts, please contact: pr@rstreet.org The DMCA should be amended to remove its coercive qualities so that providers, and the user expression of speech they facilitate, are no longer vulnerable to government-enabled censoring. Executive Summary Section 512 of the Digital Millennium...

For instance, in addition to the Vullo case, the Supreme Court also decided Murthy v. Missouri and Moody v. NetChoice in 2024, each of which dealt with government pressure on internet platforms (generally referred to alternatively here as “intermediaries” or “providers”) as a means of affecting what speech could appear online. [11] By the 1960s, the term evolved even further to imply that the talking was used as a means of lecturing or hectoring to persuade individuals, and came to describe a behavior presidents and administration officials of that era used to affect policy outcomes in a way that might have been beyond their authority to directly cause, particularly in an economic context. This potential outcome concerned Congress, so to ensure that the internet could remain a vibrant communication medium, legislators passed several laws to provide intermediaries with the statutory protection needed to limit liability worries and facilitate user expression.

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