Arrr, matey! A GOP scallywag be pleadin' with SCOTUS to tame the scurvy dogs of big tech, arguin' 'tis illogical!
2024-01-23
Arr! Sen. Joshua Hawley be ponderin' on a grand Supreme Court brawl that might shape the law for them Big Tech scallywags and their scurvy ways of censorin' user content. Avast ye!
Senator Josh Hawley, a Republican from Missouri, is urging the Supreme Court to reject the arguments put forth by Big Tech platforms regarding their First Amendment protections. These platforms claim the right to censor user content while simultaneously demanding legal liability protection for the content posted on their sites. The Supreme Court is set to hear arguments next month in cases that question whether state laws limiting the ability of Big Tech companies to moderate content on their platforms violate their First Amendment rights.Hawley filed an amicus brief in the cases, arguing that the platforms are trying to have it both ways – enjoying liability protections while also demanding the ability to censor content. He contends that constitutionalizing these contradictory positions would effectively immunize the platforms from civil liability and regulatory oversight.
The cases before the Supreme Court stem from laws passed in Florida and Texas that would require Big Tech companies to host third-party communications but prevent them from blocking or removing posts based on political viewpoints. The federal appeals court ruled in favor of the tech industry in the Florida case, while the Fifth Circuit ruled in favor of a similar law in Texas, creating a circuit split.
Hawley explains in his brief that Section 230 of the Communications Decency Act was created in the 1990s to protect platforms from civil liability for hosting user-generated content. However, he argues that the platforms are now claiming First Amendment protection for their content moderation decisions, which contradicts the original intent of Section 230.
Hawley warns that extending blanket immunity to the tech industry will have real-world consequences, such as the promotion of harmful content without any legal recourse. He gives the example of content promoting eating disorders, stating that platforms could undermine the health of young people while invoking their First Amendment immunity.
The Supreme Court will hear arguments in these cases on February 26th.