Passed in 1996, Section 230 of the Communications Decency Act sought to foster the growth of the early internet. Congress created a special form of legal immunity for websites so they could develop uninhibited by lawsuits that might suffocate the ecosystem. In the time since, companies ... have invoked Section 230 to nip user-content lawsuits in the bud, arguing, usually successfully, that they are not responsible for the content their users create. Democrats say the law has given websites a free pass to overlook hate speech and misinformation; Republicans say it lets them suppress right-wing viewpoints. The Supreme Court [is] reviewing Section 230; Congress and the White House have also proposed changes to the law. Understanding how the internet may work differently without Section 230 ... starts with one, simple concept: Shrinking the liability shield means exposing websites and internet users to more lawsuits. A Supreme Court ruling restricting immunity for recommendations could mean any decision to like, upvote, retweet or share content could be identified as a "recommendation" and trigger a viable lawsuit. One option would be to preemptively remove any and all content that anyone, anywhere could even remotely allege is objectionable ... reducing the range of allowed speech on social media. Another option would be to stop moderating content altogether, to avoid claims that a site knew or should have known that a piece of objectionable material was on its platform.
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