Section 230 Cases Against Big Tech Moving Forward To The Supreme Court - Jason Fyk With Rob Maness

"...this court, meaning the Supreme Court should correct the Ninth Circuit's flawed interpretation of 230..." - Jason Fyk

Watch the entire FREE video: https://www.redvoicemedia.com/video/2023/01/the-government-agency-intelligence-organization-big-tech-leviathan-is-liable/ref/22

Have you ever found yourself in a heated debate over whether or not “a Platform”can be treated as “a Publisher”of someone else’s content? The recent revelations in the so-called Twitter Files only add more fire to the heated discussion around a part of law called Section 230 that has been used by courts to give nearly total immunity to these Big Tech Oligarchs for their actions that have harmed users and content creators, opposing opinions or not, reputations and financially. My guest this week recently wrote in Human Events “If Section 230 is applied correctly(i.e.,harmoniously, reconcilably, and as a whole text),the answer is surprisingly: YES, albeit with a caveat.

APlatformis generally understood to be apassive distributorof third-party information and aPublisheris generally understood to be anactive content moderator or editor.APublishermakespublishing decisions,for example toallow, disallow, or editcontent, whereas aPlatformis amere conduitofthird-party information. In other words, a Platformunknowingly (i.e., passively) disseminatesinformation and a Publisherknowingly (i.e., actively) distributesinformation.

Their differences,knowinglyvs.unknowingly, orpassive vs. activeare very important in understanding Section 230’sdistributorliability. Justice Clarence Thomas recently noted: “… Section 502 of theCommunications Decency Actmakes it a crime to ‘knowingly . . . display’ obscene material to children, even if a third party created that content… It is odd to hold, as courts have, that Congress implicitly eliminated distributor liability in the very Act in which Congress explicitly imposed it.” Justice Thomas is correct, it is“odd”(i.e.,disharmonious) to bothimposeandeliminatedistributor liability, in the very same statute (i.e.,the CDA). To understand andapplySection 230 protections correctly, it all comes down to whether the platformknowingly(i.e.,actively)orunknowingly (i.e., passively)distributesthematerials at issue.

Jason Fyk is the founder of the Social Media Freedom Foundation and the Online Freedom Caucus, and co-author of the Online Freedom Act.Jason, welcome back to the Rob Maness Show!

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