Section 230's Legal Protections for Internet Speech Face New Challenge |
Section 230
Section 230's Legal Protections for Internet Speech Face New Challenge
This week, senators heard testimony over the foundation for modern online conversations.
J.D. Tuccille | 3.20.2026 7:00 AM
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(Tom Williams/CQ Roll Call/Newscom)
For 30 years, Section 230 of the Communications Decency Act has protected online speech, shielding platforms from liability for content posted by third parties. Basically, comments sections, discussion boards, and social media are made possible by that law. But Section 230 has long suffered attacks from people who don't like what they see published in the digital world. This week, the U.S. Senate Commerce Committee heard arguments from both those who favor maintaining the current free environment for online speech and those who want to roll it back or outright repeal its protections.
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Section 230 and the Gatekeepers
"It was only a short time ago that speech and newsworthiness was controlled by a handful of TV networks and giant newspaper publishers," Committee Chairman Sen. Ted Cruz (R–Texas) said in opening comments. "If you held a position they didn't want to print, or wasn't consistent with their political views, it didn't get said. The internet changed that, allowing anyone to bypass these gatekeepers and shape public opinion with their own views."
Cruz gave a brief history of the early legal treatment of online speech and the evolution of what became Section 230 of the Communications Decency Act. Before passage of the........