No Quarter: The Limitations of Protection Under Section 230 of the Communications Decency Act
Section 230 is in the news a lot lately as calls to reform or replace it are coming from both sides of the aisle. But for now, it remains the law of the land, and despite its reputation as protecting platform companies against lawsuits for most content that their users post on their platforms, it does not provide them with absolute immunity. If you’re a platform company, you likely know what kinds of legal claims Section 230 immunizes you against, and that you can probably quickly win on a motion to dismiss if those claims are brought against you. But there are certain claims – some defined by statute, others developed by the case law – that Section 230 does not shelter. This presentation focuses on those types of claims.