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Section 230 of the Communications Decency Act is often called "The Twenty-Six Words That Created the Internet." This 1996 law grants platforms broad legal immunity against claims arising from both third-party content that they host, and good-faith content moderation decisions that they make. Most observers agree that without Section 230 immunity, or some variant of it, the modern internet and social media could not exist. Nonetheless, Section 230 has been subject to vociferous criticism, with both Presidents Biden and Trump having called for its repeal. Critics claim that Section 230 lets platforms have it both ways, leaving them free to host harmful content but also to block any content they object to. This chapter argues that criticisms of Section 230 are largely unwarranted. The diversity of the modern internet, and ability of ordinary individuals to reach broad audiences on the internet, would be impossible without platform immunity. As such, calls for repeal of or major amendments to Section 230 are deeply unwise. The chapter concludes by pointing to important limits on Section 230 immunity and identifying some narrow amendments to Section 230 that may be warranted.
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