Today, the Senate Commerce Committee is holding a hearing to discuss Section 230, the critical provision of U.S. technology policy that has allowed the internet to flourish as we know it today. Section 230 removes the legal liability that previously discouraged content moderation, allowing online platforms to engage in the moderation of user-generated content without assuming liability for all user speech.

It also enables more free expression and innovation by protecting platforms from liability when they choose not to moderate content posted by their users. As Senator Cruz seems to recognize in his announcement of the hearing, weakening or repealing Section 230 would backfire, pushing platforms to over-remove lawful speech, limit features, or exit markets to manage legal risk. Efforts to restrict Section 230 would also entrench large incumbents by raising legal and compliance costs that small and new companies cannot absorb, ultimately reducing competition and innovation.

You can view previous work by Cato Institute scholars on Section 230, including a full-day conference to discuss the past, present, and future of Section 230, below:

To speak with Jennifer Huddleston, a senior fellow in technology policy at the Cato Institute, or David Inserra, fellow for free expression and technology at the Cato Institute, about the importance of Section 230, contact Christopher Tarvardian.