Joint Center Releases Second Research Brief on the Section 230 Law That Shapes the Internet — But Leaves Black Voices at Risk

FOR IMMEDIATE RELEASE
April 29, 2025
Contact: Kennedy Fortner, kennedy.fortner@jointcenter.org 

Joint Center Releases Second Research Brief on the Section 230 Law That Shapes the Internet — But Leaves Black Voices at Risk

Section 230’s content moderation protections raise concerns about bias and free expression for Black communities online

WASHINGTON — Today, the Joint Center for Political and Economic Studies released the second in its three-part research series analyzing  Section 230 of the Communications Decency Act. This installment, “The Implications of Section 230 for Black Communities: Opportunities and Challenges for Black Communities Due to Content Moderation,” explores how judicial interpretations of Section 230 provide online platforms with broad immunity for their content moderation decisions — protections that both safeguard and endanger Black communities online.

While content moderation plays a crucial role in removing hate speech, misinformation, and online abuse, this second brief uncovers how moderation practices can also be inconsistently applied or biased, disproportionately impacting Black users, creators, and activists. This brief also highlights how platform immunity under Section 230 can shield moderation decisions even when they result in over-removal, discrimination, or the suppression of legitimate speech. 

“The same legal shield that allows platforms to remove dangerous content without fear of legal backlash also enables them to disproportionately suppress content by and about Black people,” said Danielle Davis Esq., author of the issue briefs and Joint Center Technology Policy Director. “As platforms expand their moderation tools, Black users are increasingly caught in the crosshairs—facing takedowns, shadow bans, or deprioritized content that may not impact other users in the same way.”

Drawing on research co-authored by Spencer Overton, Patricia Roberts Harris Research Professor of Law at George Washington University, and Catherine Powell, Eunice Hunton Carter Distinguished Research Scholar and Professor of Law, the briefs build on the foundational work featured in the law article, The Implications of Section 230 for Black Communities. This research underscores the importance of considering both platform accountability and the rights of Black users to speak, organize, and build communities online.

The final issue brief in the series will explore multiple proposed Section 230 reforms and their potential impact on  Black communities. 

Read the second 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.