Courts' Respect For Broad CDA Protections Is Here To Stay

Law360 (September 25, 2019, 4:05 PM EDT) -- The Communications Decency Act’s Section 230[1] has been an increasingly frequent topic of conversation recently. Many critics argue for its repeal, because it shields large tech platforms, such as Google, Facebook, Twitter and Instagram, from liability for their inability or refusal to control hate speech. On the other hand, Section 230’s champions assert that, without it, free and open discussion on the internet will effectively vanish.

Section 230 and its advocates received a boost from the U.S. Court of Appeals for the Second Circuit’s recent decision in Force v. Facebook.[2] The court ruled that Section 230 immunized Facebook from claims by...

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