Ari Cohn Profile picture
21 Sep, 4 tweets, 2 min read
In fact it very much is, and the authors of the bill have said so explicitly.

The purpose of Section 230 was to reduce barriers to websites deciding for themselves what content to permit, and what rules to impose. And that's exactly what is happening.
Displaying either ignorance of how the law is applied, or rank dishonesty (made more likely by the "original purpose" claim)

Courts would still dismiss lawsuits based on content moderation decisions under (c)(1), where most of them are resolved.

They...have? Section 230 does not protect against the enforcement of criminal laws. It's dishonest bullshit all the way down with her.

Harmeet's problem is with the First Amendment, which shockingly doesn't give you a legal free speech right against private actors.

If she's worried about the First Amendment being used for political gain, I have bad news for her about her entire career.

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More from @AriCohn

23 Sep
1/ Business school profs have just *got* to stop writing these articles about Section 230. Or at least have someone with an understanding of the law review it. It's embarrassing.

This one comes to us from a dean at @MITSloan, and it's a doozy.

cacm.acm.org/magazines/2021…
2/ The theme of the article is clear from the top: Section 230 is Very Bad because it makes it difficult to hold platforms available for misinformation/disinformation that people spread online. Image
3/ But what Professor Cusumano doesn't grapple with (they never do) is whether platforms could be held accountable by law for such user content even without Section 230.
Read 21 tweets
23 Sep
The worst part of this piece about leaving BigLaw is that everyone but me stayed anonymous.

All they said was basically "the extreme hours and stress weren't worth it to me"

That shouldn't be cause to fear for your career. That it is, is an indictment.

businessinsider.com/former-big-law… Image
2/ Everyone has BigLaw horror stories. But more often than not, those aren't the singular reason why people choose to leave. It's much more, in my experience anyway, overarching quality of life and/or professional interests/satisfaction concerns.
3/ Few BigLaw expats that I've met are out there trash talking their own firms. Who even does that?

For my part, I worked with some ridiculously talented lawyers who happened to also be nice people and good colleagues that I learned a great deal from and think of fondly.
Read 7 tweets
4 Sep
1/ Do you *want* First Amendment lawsuits, @AustinISD?

Because this is how you get First Amendment lawsuits, @Geronimo4AISD @yasminwagneratx @aratisingh @ofeliaforaisd @FosterintheAtx @KristinAshy @LYNNforAISD @Noelita4AISD

So many problems here: A thread. Image
Teachers, like other government employees, retain a First Amendment right to speak as private citizens (i.e., not in their official capacity) on matters of public concern.

Teachers *cannot* be forced to only speak as if they are in the classroom with students 24/7/365. Image
3/ The list of things that social media accounts will be screened for is broad, vague, subjective, and viewpoint-based.

Many things that could be deemed as one of these things are nevertheless constitutionally protected and protected from retaliation from @AustinISD. Image
Read 29 tweets
7 Jul
This is even more stupid than I expected
I briefly explained why the whole "Section 230 is unconstitutional" argument fails here: et seq.
"Section 230 is unconstitutional and we hate it, but threatening to repeal it constitutes government coercion sufficient to make Facebook a state actor"

Wow. Just wow.
Read 8 tweets
6 Jul
When the bedrock, lead-off of your case is that college students not wanting to date Trump supporters reveals a predilection for infringing on people's rights, you've lost the argument in a way that veers way too close to incel-ville.

Yikes.

nationalreview.com/magazine/2021/… Image
He literally CANNOT stop talking about who college kids want to date. Image
Oh good, I was beginning to get worried that he was ignoring the mating preferences of us non-students. Phew.

This. is. so. weird. Image
Read 8 tweets
30 Jun
Motion for preliminary injunction GRANTED. Thoughts to follow, but this does not portend well for Florida.
The court analyzes preemption under 230(c)(2)(A), but doesn't touch (c)(1). Normally this would bother me, because that's not how #Section230 works. But if you read it, Hinkle doesn't really decide between the 230 interpretations; this reads more like an "even if FL is right"
Hinkle was obviously not swayed by Florida's attempt to brush off platforms' curation as meaningless and expressionless. He seems to understand that those functions are vital for their products to be usable.
Read 18 tweets

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