First Amendment Limits on State Laws Targeting Election Misinformation, Part V

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Publish Date:
September 23, 2022
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Source:
The Volokh Conspiracy
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Summary

Although there are many who feel that social media providers are not doing enough to remove election misinformation on their platforms, others argue that the major platforms are too willing to restrict political discourse and to ban controversial speakers. The benefit of Section 230 is that platforms can take different approaches to navigating this challenging and contentious topic. As Mark Lemley points out, “[t]he fact that people want platforms to do fundamentally contradictory things is a pretty good reason we shouldn’t mandate any one model of how a platform regulates the content posted there—and therefore a pretty good reason to keep section 230 intact.”

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