SoylentNews

owl [soylentnews.org] writes:

For all the talk of “reforming” or “repealing” Section 230 in Congress, the fact is that the courts over the past three or four years have effectively chipped away so steadily at the law that it’s lost a significant chunk of its usefulness. The latest comes from the Ninth Circuit, which ruled earlier this week that Section 230 is not, in fact, an immunity from lawsuit, but merely a defense against liability. This may sound like a procedural technicality — and, indeed, the coverage of this case from the likes of Reuters covers it as a boring procedural story — but it’s a huge deal.

To get there, the panel had to rewrite the history of Section 230 and wave off a whole stack of its own prior rulings as either sloppy word choice or mere dicta.

To understand why this ruling is such a big deal, you first have to understand Section 230’s true benefit: it would get bogus cases tossed at the earliest moment. This is the entire key to why Section 230 is important. The point of Section 230 is to put the liability on the party actually violating the law — which would be the creator of the content, and not the intermediary tool they use to host/distribute that content. But the mechanism used to protect speech is that it gets the cases against intermediaries dismissed very early (aggrieved parties can still sue the actual speakers).

Original Submission