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The citations all agree that the 1st Amendment covers the part of Section 230 that you want to repeal. They disagree on the extent and impact, but they all fundamentally agree that Section 230 plays a role as a shortcut through litigation. You haven't addressed any of that, because it completely defeats your argument. There would be one case, it would go to the Supreme Court, and would reinforce the key components of Section 230. YouTube, as a concept, will never go away, no matter what you want, because the 1st Amendment exists. Every individual would not get their day in court, as a precedent would be set and future lawsuits would be thrown out quickly, just as they are today. Honestly, this smacks of bitter childishness; you want to hurt Google and you think this is the best way to do it. It is not, because it would not. It hurts no one, and would be re-resolved within the very next Supreme Court session, so no more than ~6 months. This childishness is reinforced by your acceptance that the platform you're writing on would not exist. You may not see that as hypocritical, but I and nearly everyone else who reads this does. It, alone, weakens your argument substantially. |
https://scholarship.law.nd.edu/ndlr_online/vol95/iss1/3/
Newspapers do not enjoy CDA 230 protection. They face actual liabilities and carry liability insurance, a cost. Without CDA 230, these liabilities will not disappear for Big Tech by one case going to the Supreme Court in 6 months. We've seen the opposite with the Supreme Court not hearing at least one letter-to-the-editor libel case for newspapers [1].
Finally, It is not guaranteed that Hacker News would cease to exist. It might need liability insurance or change in some other way. All I know is that things would be different and better.
[1] https://www.rcfp.org/supreme-court-will-not-hear-letter-edit...