New Lawfare Post on Why Congress, not the Supreme Court, Should Do Section 230 Reform

It begins:

The Supreme Court recently denied a request to clarify the meaning of Section 230 of the Communications Decency Act of 1996, which, as interpreted by lower courts, immunizes internet platforms from liability for user conduct. But Justice Clarence Thomas wrote separately to explain why the views the current dominant interpretation of Section 230 to be overbroad, arguing that the Supreme Court should, at some point in the future, correct this mistake. 

I’m of two minds as to Thomas’s statement. On the one hand, I agree with his legal analysis that lower courts wrongly read far more expansive liability protections into the law than Congress intended. On the other hand, I’m frustrated: Why has it taken until now for a justice to pay attention to Section 230? 

Full post here.