GOP politicians in roughly two dozen states have introduced bills that would allow for civil lawsuits against platforms for what they call the “censorship” of posts. Many protest the deletion of political and religious statements, according to the National Conference of State Legislatures. Democrats, who also have called for greater scrutiny of big tech, are sponsoring the same measures in at least two states.
The federal liability shield has long been a target of former President Donald Trump and other Republicans, whose complaints about Silicon Valley stifling conservative viewpoints were amplified when the companies cracked down on misleading posts about the 2020 election.
Twitter and Facebook, which are often criticized for opaque policing policies, took the additional step of silencing Trump on their platforms after the Jan. 6 insurrection at the U.S. Capitol. Twitter has banned him, while a semi-independent panel is reviewing Facebook’s indefinite suspension of his account and considering whether to reinstate access.
Experts argue the legislative proposals are doomed to fail while the federal law, Section 230 of the Communications Decency Act, is in place. They said state lawmakers are wading into unconstitutional territory by trying to interfere with the editorial policies of private companies.
Len Niehoff, a professor at the University of Michigan Law School, described the idea as a “constitutional non-starter.”
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