Save the Constitution From Big Tech
- Date Posted:
- Is Database:
- Database
@JedRubenfeld argues Section 230 has transformed tech firms into extensions of the state, shielding them from liability & fostering a business environment where tech giants dominate markets with reduced accountability.

Argument that Section 230 of 1996 Communications Decency Act makes tech firms a defacto extension of state“…. In Railway Employees’ Department v. Hanson (1956), they found state action in private union-employer closed-shop agreements—which force all employees to join the union—because Congress had passed a statute immunizing such agreements from liability under state law. In Skinner v. Railway Labor Executives Association(1989), the court again found state action in private-party conduct—drug tests for company employees—because federal regulations immunized railroads from liability if they conducted those tests. In both cases, as with Section 230, the federal government didn’t mandate anything; it merely pre-empted state law, protecting certain private parties from lawsuits if they engaged in the conduct Congress was promoting….”
Vivek Ramaswamy and Jed Rubenfeld, "Save the Constitution From Big Tech,"Wall Street Journal, January 11, 2021, https://www.wsj.com/articles/save-the-constitution-from-big-tech-11610387105
Save the Constitution From Big Tech


