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.

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:

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