Attorney General Ken Paxton sent a comment letter to Secretary Marlene Dortch of the Federal Communications Commission, supporting the National Telecommunications and Information Agency’s Petition (the Petition) to the Federal Communications Commission to clarify provisions of Section 230 of the Communications Decency Act. Section 230 provides online platforms liability protection for third-party content posted on their sites, and for decisions by those platforms to moderate obscene, lewd, and similarly objectionable content. Overly broad judicial interpretations of Section 230, however, have threatened to expand that immunity to cover broad categories of misconduct by some of tech’s largest players that the plain text of Section 230 does not reach. As a result, the reforms and clarification provided by the Petition are necessary to protect states’ ability to enforce their laws and prevent undue censorship of protected speech.
“The improper expansion of Section 230, which was intended to promote free speech, competition, and enforcement of criminal laws online, has inflated to a point where it grants the largest companies in the world the ability to violate state laws, exclude rivals, and squash political speech,” said Attorney General Paxton. “Reforms must be made to ensure that states are empowered to properly enforce their laws. First Amendment rights, penalties for criminals, and transparency must be maintained for a truly free online community to operate and thrive.”