What Does Congress Have Planned for 2023?
Plus some insight on Section 230, digital discrimination, and the Twitter files
Google v. Gonzalez: Corbin explained to Reason why the law is on Google’s side when the Supreme Court reviews Section 230. To hold a platform liable for how it presents user-generated content is to treat it as a publisher—exactly what Section 230 forbids. Corbin has also written a piece about the case.
Broadband: Broadband Breakfast referenced Berin’s Twitter thread from last month on the FCC’s December open meeting: “If Congress had wanted the FCC to implement a new civil right law for broadband, it would have legislated a clear prohibition on discrimination.”
Non-compete Clauses: As the FTC proposes to ban non-compete clauses, Berin recalled our work on this issue—and how the FTC doesn’t have the legal authority to forbid them. “Pure theater” he said of the effort. “They know they’ll lose in court.”
First Amendment: The Daily Caller quoted Ari about the so-called “Twitter Files,” noting that while none of the information released appears sufficient to turn Twitter into a state actor for First Amendment purposes, everyone should be wary of government attempts to influence content moderation.
Regulation: On Newsy’s Morning Rush program, Berin discussed how Congress will impact the tech industry in 2023. They again hope to alter the editorial judgments of social media companies—something forbidden by the First Amendment.
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