Techdirt Legal Misunderstanding March Madness Finals: 1st Amendment Takes On Section 230
from the could-it-be-any-other-way? dept
VOTE NOW for the Single Most Misunderstood Legal Concept!
It’s become something of a mantra around these parts, that much of the time when people are complaining about Section 230 of the Communications Decency Act, what they’re really complaining about is the 1st Amendment. Hell, the NY Times itself has repeatedly had to run a correction admitting that it falsely blamed Section 230 for things that were enabled by the 1st Amendment. And, of course, people regularly get confused about the 1st Amendment, who it applies to (hint: not Twitter), what it means for hate speech or misinformation, and how it intersects with things like the Fairness Doctrine. Oh, and also what it has to do with fires and crowded theaters.
So, really, after a few weeks of our March Madness of legal misunderstandings, could the finals really have come down to anything but Section 230 vs. the 1st Amendment? That’s where we are:
Only one can win it.
Techdirt Legal Misunderstanding March Madness Finals. Which of the following is the *most* misunderstood legal concept.
— techdirt (@techdirt) April 4, 2022
If you’d like to see the final bracket leading up today, it’s here:
It’s been quite a ride, and now it’s down to just two, so get your votes in now:
Techdirt Legal Misunderstanding March Madness Finals. Which of the following is the *most* misunderstood legal concept.
— techdirt (@techdirt) April 4, 2022
Filed Under: 1st amendment, legal misconceptions, legal misunderstandings, march madness, misunderstood legal concepts, section 230
Comments on “Techdirt Legal Misunderstanding March Madness Finals: 1st Amendment Takes On Section 230”
So much interface between the misunderstandings on both sides I’d say this is the Schrödinger’s Finals.
Aka the First Amendmemt vs the right to exercise the 1st Amendment online.
Re:
Or according to those opposing 230, the right to shout people down, their misunderstanding of the first amendment; versus the right of others to stop them silencing people, which why they think 230 is not constitutional.
A bit like trying to choose between two versions of off white.
If you don’t understand them both,you probably don’t really understand either.
Me at the moment…
Re: Is Popehat rooting for Section 230 now?
Seems like he would after RICO lost.
Damn, was rooting for 1A vs. Free Speech. My bracket is ruined and my disappointment is immeasurable. 🙃
The semi-finals allowed for my top two choices of finals.
Sadly, it was neither “1A vs free speech” nor “RICO vs 230”.
So close.
It’s a tough choice but given most of the hostility towards and misunderstanding of 230 seems to be based upon fictional first amendment rights that don’t actually exist I think I’d probably have to give the first amendment the lead there.