Section 230 of the Communication and Decency at which was passed in 1996, says an “interactive computer service” can’t be treated as the publisher or speaker of third-party content. This protects websites from lawsuits if a user posts something illegal, although there are exceptions for copyright violations, sex work-related material, and violations of federal criminal law. It has been the defence of all digital platforms since then - they are a platform not a publisher and are therefore not responsible for content.
Not surprisingly, with the explosion of online content, this is coming under increasing scrutiny - but the line is a difficult one to draw.
How about this. The first amendment rules if the website is simply putting something up, however untrue, obscene or unpleasant. They are just a platform. If the website’s algorithm is involved in multiplying or promoting it, then the website becomes a publisher and takes on responsibility for that content.
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