Analysis

DOJ Takes 'Strained' Approach To CDA Antitrust Immunity

Law360 (June 23, 2020, 9:17 PM EDT) -- The U.S. Department of Justice is ramping up the pressure on online platforms that conservatives have accused of censorship, but in looking for examples for why a key immunity from most lawsuits shouldn't apply to antitrust claims, critics say the agency appears to be grasping.

Antitrust law was just one part of a series of proposals the DOJ rolled out last week to rein in content moderation practices also targeted by Republican lawmakers. The department's antitrust proposals nevertheless caught the eye of advocacy groups and others who've weighed in on the very U.S. Supreme Court petition the department cited. Its argument:...

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