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The states of Tennessee and New Jersey later passed similar legislation. Backpage argued that the laws violated Section 230, the Commerce Clause of the United States Constitution, and the First and Fifth Amendments. [193] In all three cases the courts granted Backpage permanent injunctive relief and awarded them attorney's fees.
Any change to Section 230 is likely to have ripple effects on online speech around the globe. “The rest of the world is cracking down on the internet even faster than the U.S.,” Goldman said.
Supreme Court Justice Clarence Thomas did not say Section 230 of the Communications Decency Act is unconstitutional in a recent concurring opinion.
New bipartisan legislation would sunset Section 230 after next year.
FOSTA-SESTA; Long title: A bill to amend the Communications Act of 1934 to clarify that section 230 of such Act does not prohibit the enforcement against providers and users of interactive computer services of Federal and State criminal and civil law relating to sexual exploitation of children or sex trafficking, and for other purposes.
Moody v. NetChoice, LLC and NetChoice, LLC v.Paxton, 603 U.S. 707 (2024), were United States Supreme Court cases related to protected speech under the First Amendment and content moderation by interactive service providers on the Internet under Section 230 of the Communications Decency Act.
The new Congress can help shape the structure of online ecosystems to better serve consumers.
Gonzalez v. Google LLC, 598 U.S. 617 (2023), was a case at the Supreme Court of the United States which dealt with the question of whether or not recommender systems are covered by liability exemptions under section 230 of the Communications Act of 1934, which was established by section 509 of the Telecommunications Act of 1996, for Internet service providers (ISPs) in dealing with terrorism ...