Joint Center’s Final Section 230 Brief Unpacks Reforms — and the Stakes for Black Users

FOR IMMEDIATE RELEASE
May 6, 2025
Contact: Kennedy Fortner, kennedy.fortner@jointcenter.org 

Joint Center’s Final Section 230 Brief Unpacks Reforms — and the Stakes for Black Users

The last installment analyzes how proposed reforms could protect or endanger Black users’ rights to safety, expression, and equity online

WASHINGTON — Today, the Joint Center for Political and Economic Studies released the final brief in its three-part research series examining Section 230 of the Communications Decency Act and its implications for Black communities. The third brief, titled “The Implications of Section 230 for Black Communities: The Impact of Section 230 Reforms on Black Communities,” evaluates proposed reforms based on how they may reduce harm, safeguard civil rights, and avoid unintended consequences for Black Americans online.

Section 230 has historically shielded tech platforms from liability for user-generated content while enabling content moderation. Yet current reform efforts — ranging from civil rights carve-outs to algorithmic accountability — raise important questions about how legislative changes may either curb or amplify harm against Black communities in digital spaces.

“The debate around Section 230 reform has largely excluded the lived realities of Black internet users,” said Danielle Davis Esq., author of the briefs and Joint Center Technology Policy director. “While reforms are necessary, they must be carefully constructed to ensure they don’t further marginalize Black voices or deepen systemic inequities online.”

This report provides insights into how Section 230 reform could impact Black Americans and advocates for an approach that ensures safety and justice for Black communities while preserving the internet as a space for innovation, advocacy, and connection.

The brief outlines key reform proposals, including:

• Civil rights carve-outs to hold platforms accountable for discriminatory practices
• Algorithmic carve-outs to address the use of recommendation systems that amplify disinformation or suppress Black content
• Paid ad carve-outs to prevent platforms from profiting from discriminatory or deceptive advertising
• Notice-and-takedown proposals for illegal content
• Content neutrality provisions that could hinder platforms’ ability to remove hate speech
• Size-based carve-outs and disclosure requirements aimed at transparency and scalable accountability

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.

Read the third 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.