Is Section 230 still in effect?
Asked by: Kenna Reilly DDS | Last update: March 18, 2026Score: 4.7/5 (73 votes)
Yes, Section 230 of the Communications Decency Act (CDA) is still in effect, providing broad immunity to online platforms for third-party content, but it faces ongoing legal challenges, intense political scrutiny, and proposed reforms, with some recent court cases and legislation testing its limits, particularly regarding algorithmic recommendations and harmful content like sex trafficking.
Is Congress trying to repeal section 230?
3546 - 119th Congress (2025-2026): A bill to repeal section 230 of the Communications Act of 1934. Congress.gov | Library of Congress.
What is the Supreme Court rule on Section 230?
The law stipulates that service providers and users may not be "treated as the publisher or speaker of any information provided by another information content provider" and that service providers and users may not be held liable for voluntarily acting in good faith to restrict access to "obscene, lewd, lascivious, ...
Does Section 230 violate the First Amendment?
Another constitutional question is whether some proposals to amend Section 230 violate the First Amendment. Section 230 does not directly restrict or require speech, but reform proposals may create incentives to exercise editorial discretion in specific ways, preferencing certain speech activity.
What is Section 230 in the USA?
Since its passage, federal courts have interpreted Section 230 as creating expansive immunity for claims based on third-party content that appears online. Consequently, internet companies and users frequently rely on Section 230's protections to avoid liability in federal and state litigation.
Professor Christopher Jon Sprigman Discusses Section 230
What are the criticisms of Section 230?
Section 230's Liability Protections Are Too Broad
A common argument against Section 230 contends that, though the law itself may have been well intended, the courts' interpretation of the law is overbroad.
What are the exceptions to Section 230 immunity?
Section 230 only protects platforms from being held liable as a publisher for content that appears on their websites. As such, claims based on legal theories separate from publisher liability are generally excluded from section 230 immunity.
Is it illegal to make racist comments?
In the U.S., racist comments are generally protected speech under the First Amendment, even if offensive, but they become illegal when they cross into specific categories like true threats, incitement to imminent violence, defamation, or fighting words, or when they become part of discriminatory actions in employment, housing, or public services, leading to civil rights violations or hate crimes. So, while yelling slurs on the street usually isn't a crime, using racist language to deny someone a job or threatening violence is illegal.
What is the three prong test for Section 230?
In Barnes v. Yahoo!, Inc., the Ninth Circuit established its seminal three-part test for Section 230 immunity: (1) Is the defendant “a provider or user of an interactive computer service;” (2) Does the underlying cause of action seek to treat the defendant “as a publisher or speaker” of the allegedly violating content; ...
Can I sue TikTok for violating my freedom of speech?
You can take whatever legal action available to you as stated in its terms and conditions. You have no right to a TikTok account, and your freedom of speech rights apply as between you and the government, not between you and a private company like TikTok.
What did the Supreme Court rule on Trump's immunity?
In an opinion concurring in part, Justice Amy Coney Barrett agreed in granting presidential immunity for the core constitutional powers of a president, arguing that such immunity meant that a president could obtain interlocutory review of the "constitutionality of a criminal statute as applied to official acts".
What does the new gender ruling mean?
The Supreme Court has ruled that references to “sex”, “man” and “woman” in the Equality Act refer to biological sex (a person's sex at birth). On 16 April 2025 the Supreme Court handed down judgment in For Women Scotland v The Scottish Ministers.
Which two laws did the Supreme Court declare to be unconstitutional?
The Supreme Court declared two major New Deal laws unconstitutional: the National Recovery Administration (NRA) in 1935 and the Agricultural Adjustment Act (AAA) in 1936, striking down key parts of President Roosevelt's economic recovery programs by finding they overstepped federal power, particularly regarding interstate commerce and private industry regulation.
Who has the power to overrule the US Supreme Court?
A Supreme Court decision can be overturned by the Supreme Court itself in a later case (stare decisis), through a constitutional amendment passed by Congress and states, or if Congress passes new legislation to clarify or change the law the Court interpreted (for statutory, not constitutional, rulings). While the Court is the ultimate interpreter of the Constitution, these mechanisms allow for changes in interpretation or law over time.
Can the government ban you from using the internet?
With limited exceptions, the free speech provisions of the First Amendment bar federal, state, and local governments from directly censoring the Internet. The primary exception has to do with obscenity, including child pornography, which is not given First Amendment protection.
What is Section 230 for dummies?
In simple terms, Section 230 is a U.S. law that protects websites and social media platforms (like Facebook, Twitter, YouTube) from being sued for what their users post, essentially saying they aren't the "publisher" of third-party content, but rather a host. It also protects them from being held liable for removing objectionable content in good faith, encouraging platforms to moderate without fear of lawsuits for doing so, though debates continue over its scope, especially with algorithmic recommendations.
What are the three questions for things to be considered obscene?
For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value.
Are they trying to repeal Section 230?
Introduced in Senate (10/07/2021) This bill repeals Section 230 of the Communications Act of 1934, which protects a provider or user of an interactive computer service (e.g., social media company) from liability for screening or blocking objectionable content.
What speech is never protected by the First Amendment?
The Court generally identifies these categories as obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography. The contours of these categories have changed over time, with many having been significantly narrowed by the Court.
Can you call the police if someone is being racist?
All are welcome to report hate incidents and hate crimes. If you want to report a hate crime to law enforcement immediately or you are in present danger, please call 911.
Is hate mail illegal?
Mailings like this are a serious federal crime. If you receive a threatening letter, report it to Postal Inspectors and keep the letters as evidence. A more modern version of a threat letter is called cyberbullying.
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas.
Why should we reform Section 230?
Republicans largely have been critical of the content-moderation provision of Section 230 because, in their view, it has been improperly exploited to enable social media platforms to deplatform users or remove content that expresses views they dislike for political or cultural reasons, giving rise to a “liberal” and ...
Does Section 230 have limits?
Section 230 immunity is not unlimited. The statute specifically excepts federal criminal liability (§230(e)(1)), electronic privacy violations (§230(e)(4)) and intellectual property claims (§230(e)(2)).