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Antitrust, Section 230 & the First Amendment

BY | May 25, 2021

The First Amendment allows antitrust action against media companies for their business practices, but not for their editorial judgments. Section 230 mirrors this distinction by protecting providers of interactive computer…

The First Amendment allows antitrust action against media companies for their business practices, but not for their editorial judgments. Section 230 mirrors this distinction by protecting providers of interactive computer services from being “treated as the publisher” of content provided by others, including decisions to withdraw or refuse to publish that content (230(c)(1)), and by further protecting decisions made “in good faith” to take down content, regardless of who created it (230(

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