The Indecency of the Communications Decency Act § 230: Unjust Immunity for Monstrous Social Media Platforms

Abstract

The line between First Amendment protection and the innovation of social media platforms is hazy at best. Not only do these platforms increasingly encompass the lives of many individuals, but they provide incredible new opportunities to interact from near and far, through sharing photographs, videos, and memories. The Internet provides countless outlets that are available at the tip of users’ fingers: thriving forums to communicate nearly whenever and wherever desired. Users effortlessly interact on these platforms and are consistently exposed to numerous forms of speech, including messages through posts, chat room discussions, videos, polls, and shared statements. From 2010 to 2017, the number of social media users worldwide has increased from 0.97 billion to 2.46 billion, respectively.1 These numbers are expected to grow as high as 3.02 billion in the year 2021.2 Undoubtedly, an unbelievably large number of individuals are exposed daily to these leading-edge speech forums—many of whom are unaware of the inadequacy of Section 230 of the Communications Decency Act (“Section 230”).3 This Article will address its history of creation and past case law, and provide a thorough analysis of its need to be revised. Moreover, this Article will specifically speak to the manner in which it should be revised in order to ensure protection to users of social media platforms who encounter situations in which they seek legal remedies for the need to remove unlawful material.