In the summer of 2020, the Department of justice, under the first Trump administration, actively pushed lawmakers to curb online speech. This effort followed the DOJ’s own proposal to significantly limit a crucial law protecting internet users’ speech.
Newly disclosed documents reveal that DOJ officials communicated with Senate staffers involved in passing bills aimed at restricting speech and privacy. These legislative efforts included measures like the EARN IT Act and the PACT act, neither of which ultimately became law.
DOJ’s Multi-pronged effort to Undermine Section 230
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Documents obtained through a Freedom of Facts Act lawsuit paint a clear picture. The DOJ’s actions to weaken Section 230, the law safeguarding online speech, began before President Donald Trump’s 2020 executive order targeting social media services. In fact, DOJ officials seemed surprised by the executive order.
How section 230 protects Online Speech
Section 230 acts as a shield for online intermediaries. these platforms, including blogs, social media, Wikipedia, and the Internet Archive, are essential for communication. The law upholds the principle that individuals are accountable for their own online statements, not those of others. It generally prevents civil lawsuits against users or services based on third-party content.
DOJ’s Engagement with Lawmakers and Industry groups
The DOJ’s engagement extended beyond Capitol Hill. Officials also corresponded with an organization advocating for age-verification systems on websites hosting sexual content as a condition for Section 230 protections. This highlights a broader strategy to reshape the legal landscape for online platforms.
The DOJ’s latest document release confirms a long-standing pattern. In 2020,the department exerted considerable influence to alter or dismantle Section 230. beyond legislative discussions, the DOJ criticized a proposed amendment to the EARN IT Act. One official argued it “completely undermines” the sponsors’ position against the DOJ’s proposal to exclude “Bad
