Joint Center Releases First of Three Research Briefs on the Section 230 Law That Shapes the Internet — But Leaves Black Voices at Risk

FOR IMMEDIATE RELEASE
April 22, 2025
Contact: Kennedy Fortner, kennedy.fortner@jointcenter.org 

Joint Center Releases First of Three Research Briefs on the Section 230 Law That Shapes the Internet — But Leaves Black Voices at Risk

Section 230 of the Communications Decency Act both empowers and endangers Black users online.

WASHINGTON — Today, the Joint Center for Political and Economic Studies, America’s Black think tank, released the first in a three-part series of issue briefs exploring how Section 230 of the Communications Decency Act shapes the online experiences of Black communities and why Black voices must be central to any reform efforts.

The first brief, The Implications of Section 230 for Black Communities: Black Communities and the Immunity of Platforms Regarding Third-Party Content, explains how this law influences the digital landscape for Black users. It finds that while Section 230 has helped foster free expression and innovation online, it also creates gaps in accountability — enabling the spread of harmful and discriminatory content with limited consequences for platforms.

“Social media plays a central role in shaping both our daily lives and our digital environment. For Black communities, it has been a powerful tool—supporting entrepreneurship, amplifying activism, and fostering connection,” said Danielle A. Davis Esq., author of the issue briefs and director of Technology Policy at the Joint Center. “But the same legal protections that enable this empowerment can also shield platforms from accountability when discriminatory or harmful content is posted. As lawmakers consider reforms to Section 230, the unique experiences of Black communities must not be an afterthought—they should be central to creating a safer, more equitable digital space for all.”

These issue briefs stem from the original research co-authored by Spencer Overton, Patricia Roberts Harris Research Professor of Law at the George Washington University Law School and former Joint Center president, and Catherine Powell, Eunice Hunton Carter Distinguished Research Scholar, Professor of Law titled, “The Implications of Section 230 for Black Communities.” This research, sponsored by the Joint Center, is the first time Section 230 has been explored solely from a Black perspective.

“The perspectives and concerns of Black social media users have been consistently overlooked and underrepresented within the tech policy space,” said Spencer Overton, co-author of the Implications of Section 230 research. “Technology and social media hold a profound power within our communities. To address the harmful and discriminatory effects that disproportionately affect Black platform users, our voices and experiences must be amplified in reform discussions.”  

Section 230 includes two key provisions: subsection (c)(1) and subsection (c)(2). This first issue brief focuses on subsection (c)(1), which protects online platforms like Facebook, YouTube, and X (formerly Twitter) from being held legally responsible for content posted by their users. This means they generally cannot be treated as the “publisher” of user-generated content. As a result, platforms can host (and remove) a wide range of content without facing legal liability for what users say or share.

“It is essential that analysis and consideration of Black communities be at the center of any conversation about regulating social media platforms,” said Joint Center President Dedrick Asante-Muhammad. “These briefs explain, in accessible language, how Section 230 protects platforms that provide many benefits to Black communities but also perpetuate harms. As reforms are debated, we must ensure they do not further negatively impact communities who are often ignored in policy spaces.”

The upcoming briefs will examine how Section 230’s second provision affects content moderation, including whether Black users are disproportionately flagged or silenced by automated and biased systems. 

Read the first issue brief here. 

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About the Joint Center for Political and Economic Studies

The Joint Center for Political and Economic Studies, America’s Black think tank, provides compelling and actionable policy solutions to eradicate persistent and evolving barriers to the full freedom of Black people in America. We are the trusted forum for leading experts and scholars to participate in major public policy debates and promote ideas that advance Black communities. We use evidence-based research, analysis, convenings, and strategic communications to support Black communities and a network of allies.