Republicans Are Walking Into A Trap On Section 230 Repeal

Authored by Yael Ossowski via RealClearPolitics,

Among political conservatives, there is no hotter potato at the moment than the civil liability protections afforded by Section 230 to online operators. Unless Republicans learn to love it again and reject the censorship lawfare complex favored by Democrats, they risk dooming our tech leaders and everyone who uses their products to the sharks circling our legal system.

The twenty-six words tucked into the Communications Decency Act of 1996 shielded publishers from liability so they could host and moderate content and still allow a wide range of speech without fear of lawsuits. Since then, Section 230 has evolved to be one of the most powerful legal shields in the nation against civil litigation in U.S. courts. This gave the early digital economy the guardrails it needed to thrive by incentivizing creatives and disruptors to bring their big ideas to life.

Nothing ices a good idea like the fear of a lawsuit.

Yet, to be a rising star in the Republican Party today conveys some kind of fealty to the idea that Section 230 is antiquated – a relic of the early Internet that has outlasted its usefulness.

Last month, Sen. Josh Hawley (R-MO) called on his colleagues to “fully repeal Section 230” to cut the knees of AI companies and thwart their LLM training models. “Open the courtroom doors. Allow people to sue who have their rights taken from them, including suing companies and actors and individuals who use AI,” said Hawley.

He’s joined in these efforts by fellow Republican Sens. Lindsey Graham and Marsha Blackburn, not to mention Democratic Sens. Dick Durbin and Amyâ?¯Klobuchar.

According to the Section 230 Legislation Tracker maintained by Lawfare and the Center on Technology Policy at UNC-Chapel Hill, there have already been 41 separate bills aimed at curbing some aspects of the law by both Democrats and Republicans in the last two sessions.

The principal motivation for Democrats, including former presidential candidate Hillary Clinton, has always been to force censorship of social media platforms to stop “disinformation,” a pretext for muting opposing views. The coordination of Democratic officials pressuring platforms to censor, as revealed in the Twitter Files, proves this beyond dispute.

To highlight the irony, we should remember that President Donald Trump is not only the chief executive of the United States, but also the owner of a social media platform that currently enjoys broad Section 230 protections afforded to any online publisher.

A wish to cripple Section 230 means making Truth Social a target as much as YouTube or Instagram. We should harbor no illusions that right-leaning media publications, podcasters, and websites would be the first to be kneecapped in a post-Section 230 world. Can MAGA and the GOP swallow that pill?

In that scenario, it will be the millions of Americans who currently enjoy freedom of speech online that will lose out. It’s the tens of millions of Americans turning to AI tools to become more productive, create value, and build the next great economic engines of our time who will be harmed by dismantling Section 230.

If Republicans want to cement American dominance in technological innovation, they will have to abandon this devil’s dance on gutting Section 230 liability protections. This is a censorship trap laid by Democrats to benefit them once they return to power.

The premise of broad civil liability protection for platforms is a core principle that has and should be applied to producers across America’s innovative stack, whether it’s oil and gas firms fending off dubious climate cases or artificial intelligence firms building the tools that are the key to America’s present economic dominance.

For one, Republicans should follow the lead of Sen. Ted Cruz (R-TX), who has rightly intimated that Section 230 likely applies to AI chatbots where many Americans are now getting their information. Legislation to further clarify this would alleviate thousands of hours of courtroom battles and millions awarded to plaintiff attorneys, all too keen to make their millions suing AI companies.

Forcing platforms to spend their time fending off trial lawyers circling their offices will not only hasten censorship on American internet platforms, but it will also require it. There is no business model for online connection with liability protection removed.

If Section 230 falls and every online dispute is dragged into court, it won’t be Big Tech that pays the price – it will be Americans whose speech and livelihoods hang in the balance.

Yaël Ossowski is deputy director of the Consumer Choice Center, a global consumer advocacy group.