Ari Cohn Profile picture
20 Jun, 5 tweets, 2 min read
How to be wrong about Section 230 in one paragraph.
To explain, I suppose:

1) No, Section 230 wasn't originally designed just to let websites remove pornography. Porn was the target of the rest of the CDA, which was held unconstitutional. 230 was intended to make it easier for sites to decide what kind of place they wanted to be.
2) There's no "serious argument" that Section 230 only applies to "obscene, violent, or equally valueless content." At all. And "equally valueless" is a phrase entirely without meaning or legal import. The point is that sites can decide for themselves what content to allow.
3) Early lower court decisions didn't "expand the accepted reading of Section 230." That implies the courts had been holding one way, then started holding something broader. That's false. Early decisions certainly influenced how 230 was applied, but hey didn't "expand" anything.
4) Section 230 is far from obsolete--it was in fact an unusually prescient provision, and its authors have said that it is doing what it was intended to do.

People should really stop writing about topics they are woefully uninformed about.

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More from @AriCohn

21 Jun
The Supreme Court pretty recently expressed its unwillingness to expand the state action doctrine in Halleck.

And Paul Domer was a student who wrote a law review article; he's not an expert. Marsh is inapt, and again, SCOTUS has been clear that it has no interest in expanding it
Repeat after me: "traditionally and exclusively performed by the state"
Holy cow, this part of Paul Domer's "expert" law review article:

1) Actually, they do

2) Packingham suggests *nothing of the sort*
Read 7 tweets
21 Jun
Maybe attorneys should refuse to represent you. (And lord know you probably need a few given how notoriously shitty property management companies are)
It would surprise me if @RLpmg wasn't doing this because they're engaged in some questionable practices.
Oh @pslohmann & @rlpmg, you thought you could scrub this didn't you. Too bad the Internet is forever and it's also...as you kindly pointed out...right there on your website, which has been archived just in case you try to weasel out of it: web.archive.org/web/2021062113…
Read 4 tweets
24 May
1/ Today the Texas House of Representatives votes on SB 12, a half-baked and unconstitutional "social media censorship" bill introduced by @SenBryanHughes after a similar bill failed in 2019.

This bill is no better than the last, and the house should vote it down.

#txlege
2/ The bill would forbid platforms from removing content / banning users based on viewpoint (even viewpoints expressed *not* on the platform) and allow aggrieved parties to seek a court order (backed by mandatory contempt findings for non-compliance) to reinstate the user/content
3/ Not for nothing, the whole premise of the bill is flawed: there is vanishingly little support for the claim that platforms are removing content for ideological reasons as opposed to violations of platforms' rules, as this NYU Study found: static1.squarespace.com/static/5b6df95…
Read 18 tweets
13 May
I am personally excited for the option I can select to make sure I see posts from Shirley Phelps-Roper that provide an opposing point of view and make sure that I am not stuck in an echo chamber and failing to properly think about whether or not God does, in fact, hate fags. Image
Thanks, Martha Minow.
I'm terribly sure that QAnon folks will love the "show me things that contradict the irrational beliefs I have adopted contrary to observable reality and facts" option, or that Israel supporters will be wanting to make sure they see the "Israel is murderous apartheid" takes.
Read 8 tweets
11 May
1/ Claremont continues to send its...uh...best (such as it is) with this rather flimsy and unserious piece from Larry Greenfield in @JewishJournal's 'The Speech Project.'

jewishjournal.com/commentary/336…
2/ Greenfield's piece, titled "Big Tech is Big Trouble," leads off with talk of Aristotle, tyranny, totalitarianism, fascist, communists, and China, which is how you can be sure that this will be a very rational, level-headed read.
3/ Sure enough, he segues directly into the so-called "Big 5" of tech companies who he calls "the new rulers of our information age."

It's hard to tell if he's complaining that companies are recording "voluntary actions and thoughts." The sentence is unclear in its purpose.
Read 29 tweets
3 May
1/ On Friday the Florida legislature passed the @GovRonDeSantis-backed Transparency in Technology Act, attempting to regulate how social media sites moderate content. DeSantis has 15 days to sign the bill, and is expected to. Here's why he shouldn't.
tallahassee.com/story/opinion/…
2/ The bill would, in part, force platforms to carry the speech of candidates for office, publish detailed content moderation policies, and moderate content "consistently."

That's going to violate the First Amendment. Ironic, for a bill that's supposedly about free speech.
3/ Florida has tried this once before, with newspapers. In 1974, the Supreme Court struck down a Florida law requiring newspapers to publish responses from candidates who had been criticized in their publication. casetext.com/case/miami-her…
Read 20 tweets

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