Joint Center President Publishes Article on Section 230 Entitled ‘State Power to Regulate Social Media Companies to Prevent Voter Suppression’

Joint Center President Spencer Overton published an article, State Power to Regulate Social Media Companies to Prevent Voter Suppression, in the University of California, Davis Law Review.

Section 230 of the Federal Communications Act of 1934 generally prevents platforms such as Facebook, Twitter, and YouTube from being held legally liable for content created by third-party users—such as a post by a person with a Facebook page or a tweet by a person with a Twitter account. Spencer’s article explains that Section 230 does not limit the power of States to hold social media companies legally responsible for using data collection and algorithms to target Black voters with suppressive ads, however, because by using these techniques companies contribute materially to discrimination and are thus ineligible for Section 230 immunity.

Read it here.