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How Section 230 Is Being Used Against Tech Giants Like Meta
A Massachusetts professor has filed a lawsuit against Meta using a novel interpretation of Section 230, a law known primarily for shielding social media companies from liability.Facebook, X, YouTube and other social media platforms rely on a 1996 law to insulate themselves from legal liability for user posts. The protection from this law, Section 230 of the Communications Decency Act, is so significant that it has allowed tech companies to flourish.But what if the same law could be used to rein in the power of those social media giants?That idea is at the heart of a lawsuit filed in May against Meta, the owner of Facebook, Instagram and WhatsApp. The plaintiff in the suit has asked a federal court to declare that a little-used part of Section 230 makes it permissible for him to release his own software that lets users automatically unfollow everyone on Facebook.The lawsuit, filed by Ethan Zuckerman, a public policy professor at the University of Massachusetts Amherst, is the first to use Section 230 against a tech giant in this way, his lawyers said. It is an unusual legal maneuver that could turn a law that typically protects companies like Meta on its head. And if Mr. Zuckerman succeeds, it could mean more power for consumers to control what they see online.“I see and appreciate the elegance of trying to use a piece of law that has made user generated content possible, to now give users more control over those experiences and services,” he said.Section 230, introduced in the internet’s early days, protects companies from liability related to posts made by users on their sites, making it nearly impossible to sue tech companies over defamatory speech or extremist content.Mr. Zuckerman has focused on a part of Section 230 that spells out protection for blocking objectionable material online. In 2021, after a developer released software to purge users’ Facebook feeds of everyone they follow, Facebook threatened to shut it down. But Section 230 says it is possible to restrict access to obscene, excessively violent and other problematic content. The language shields companies from liability if they censor disturbing content, but lawyers now say it could also be used to justify scrubbing any content users don’t want to see.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More
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Scofflaws and Other Hazards on the Roads
More from our inbox:Neo-Nazis in Nashville and the Speech QuestionVance vs. the Rule of LawA Ban on Masks? Stella Kalinina for The New York TimesTo the Editor:Re “Traffic Stops Fell in Pandemic, and Didn’t Return” (The Upshot, front page, Aug. 1):Thank you for highlighting the public health crisis that is the rise in traffic deaths across the United States. One point not made is the burden on our children. Motor vehicle crashes are a leading cause of death of children, second to firearms. In my city, Philadelphia, five children, on average, are hit by a car every week.As a pediatric resident physician, I see the devastating outcomes of these statistics in the emergency room and intensive care unit. I advise children to wear a seatbelt, look both ways before crossing a road and wear a helmet when cycling. But people are getting killed even when they do everything right.Plastic bollards separating a designated bike lane don’t work when drivers are willing to barrel over them.We need an evidence-based approach to this public health crisis. Safe road design saves lives. We need to invest in Vision Zero programs to fund structural changes, including speed cameras and physical barriers between cyclists and drivers. Cities need to invest in public transit systems.Culture change takes time. Structural change in the meantime is evidence-based and will work to make all Americans, including our children, safer.Allison NeesonPhiladelphiaTo the Editor:The degree to which American drivers have been ignoring traffic laws over the past several years is mind-blowing. Speeding on highways and parkways is out of control and makes driving an exercise in avoiding catastrophe. It seems as if every other car is drag racing or trying to set a new speed record.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More
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Trump Dangles New Tax Cut Proposals With Real Political Appeal
The most recent and costliest of Mr. Trump’s ideas would end income taxes on Social Security benefits.First it was a tax cut for hotel and restaurant workers in Nevada, a swing state where Donald J. Trump proposed exempting tips from taxes. Then, in front of powerful chief executives gathered in Washington, Mr. Trump floated cutting the corporate tax rate, helping to ease concerns in the business community about his candidacy.Now Mr. Trump is calling for an end to taxing Social Security benefits, which could be a boon for retirees, one of the most politically important groups in the United States.Repeatedly during the campaign, Mr. Trump and Republicans have embraced new, sometimes novel tax cuts in an attempt to shore up support with major constituencies. In a series of social-media posts, at political rallies, and without formal policy proposals, Mr. Trump has casually suggested reducing federal revenue by trillions of dollars.While policy experts have taken issue with the ideas, Mr. Trump’s pronouncements have real political appeal, at times putting Democrats on their back foot. Nevada’s two Democratic senators and its powerful culinary union have endorsed ending taxes on tips, while the AARP supports tax relief for seniors receiving Social Security benefits.“You do have to scratch your head a little bit when someone’s going around offering free lunches everywhere,” said Jesse Lee, a Democratic consultant and former Biden White House official. “We’re all for people having their lunch, but we have to raise taxes on the wealthy to pay for it.”The most recent and most expensive of Mr. Trump’s plans is ending income taxes on Social Security benefits, which could cost the federal government as much as $1.8 trillion in revenue over a decade, according to the Committee for a Responsible Federal Budget. That would burn through the program’s financial reserves more quickly and hasten the moment when the government is no longer able to pay out Social Security benefits in full under current law.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More
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Utah Supreme Court Upholds a Block on a Strict Abortion Ban
Utah cannot enforce its near-total ban on abortion while a challenge to the law proceeds in the courts, the State Supreme Court ruled on Thursday. The Utah Supreme Court upheld on Thursday a suspension of the state’s near-total ban on abortion, meaning the procedure remains legal while a court challenge to the law proceeds. When the U.S. Supreme Court ruled to overturn Roe v. Wade, it cleared the way for two Utah laws to come into force: a ban on most abortions after the 18th week of pregnancy, which was passed in 2019 and is currently in effect, and a near-total abortion ban passed in 2020 that would prohibit the procedure at any time during pregnancy, with very limited exceptions, including for cases of rape or incest or to save the life of the mother.The near-total abortion ban took effect in 2022, but the Planned Parenthood Association of Utah almost immediately filed a lawsuit in the state seeking to block the ban. The organization argued that the ban violated several provisions in the State Constitution, including those that guarantee a right to determine family composition and a right to gender equality.A trial court issued a preliminary injunction in July 2022 blocking the state from enforcing the near-total ban while the case proceeded. Utah state officials appealed, but the State Supreme Court ruled against them on Thursday and left the injunction in place. Camila Vega, a staff attorney for Planned Parenthood Federation of America and one of the litigators on the case, said after the state’s appeal was filed last August that the organization would “once again make the case that the trigger ban violates the Utah constitution, which protects pregnant Utahns’ ability to make their own medical decisions and their right to determine when and whether to have a family.”In court filings, the state argued that the Utah constitution does not protect a right to abortion, and that the injunction imposed “severe irreparable harm on the State side of the balance, given the profound state and public interest at stake — the preservation of human life, both the mother’s and the unborn child’s.” The state challenged Planned Parenthood Association of Utah’s standing to file the lawsuit, and argued that the trial court had abused its discretion and erred in issuing the injunction. The State Supreme Court rejected those arguments on Thursday. Whether abortion up to 18 weeks will remain permanently legal in the state of Utah depends on the outcome of Planned Parenthood Association of Utah’s lawsuit challenging the constitutionality of the near-total ban. The ruling on Thursday did not decide that question; rather, it said that the lower courts were right to let the case proceed and to keep the state from enforcing the ban in the meantime. More
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How the Kids Online Safety Act Was Dragged Into a Political War
The Senate was set to pass the Kids Online Safety Act on Tuesday, but the legislation faces an uphill battle in the House because of censorship concerns.Last week, the American Civil Liberties Union sent 300 high school students to Capitol Hill to lobby against the Kids Online Safety Act, a bill meant to protect children online.The teenagers told the staffs of 85 lawmakers that the legislation could censor important conversations, particularly among marginalized groups like L.G.B.T.Q. communities.“We live on the internet, and we are afraid that important information we’ve accessed all our lives will no longer be available,” said Anjali Verma, a 17-year-old rising high school senior from Bucks County, Pa., who was part of the student lobbying campaign. “Regardless of your political perspective, this looks like a censorship bill.”The effort was one of many escalations in recent months by those who oppose the bill. In June, a progressive nonprofit, Fight for the Future, organized students to write hundreds of letters to urge lawmakers to scrap it. Conservative groups like Patriot Voices, founded by the former Republican senator Rick Santorum of Pennsylvania, are also protesting with an online petition.What was supposed to be a simple piece of legislation to protect children online has been dragged into a heated political war. At the heart of the battle are concerns about how the bill could affect free speech on culturally divisive issues, which both sides of the spectrum worry could be weaponized under the guise of child safety. Liberals worry about censorship of transgender care, while conservatives are concerned about the same with anti-abortion efforts. The tech industry has also latched onto the same First Amendment arguments to oppose the bill.The controversy stems from the specific terms of the Kids Online Safety Act, or KOSA. The legislation would require social media platforms and other sites to limit features that can heighten cyberbullying, harassment and the glorification of self-harm. The bill would also require tech companies to turn on the highest privacy and safety settings for users under 17 and let them opt out of some features that have been shown to lead to compulsive use.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More
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Adams Blocks Law That Bans Solitary Confinement in New York Jails
Mayor Eric Adams declared a state of emergency in New York City jails and suspended parts of a law banning solitary confinement, a day before it was to take effect.Mayor Eric Adams declared a state of emergency in New York City jails on Saturday and issued an executive order that blocked key parts of a local law that would have banned solitary confinement in the jails.The order, one of three Mr. Adams issued on Saturday that pertained to the jails, was an unusual step that came only one day before the law was set to go into effect. It was the latest move in a protracted battle over the legislation between the City Council and the mayor, a former police captain who ran for office on a public safety message. After Mr. Adams vetoed the bill in January, arguing that it would make jail staff and detainees less safe, the Council issued a rare override of his veto.The law would have banned solitary confinement for detainees who were accused of breaking jail rules, beyond a four-hour “de-escalation period” during an emergency. It would also have limited the use of handcuffs or shackles to restrain detainees riding in Correction Department vehicles.“The Department of Correction has been laser focused on reducing violence in our jails to protect both the people in our care and correctional staff who boldly serve our city,” Amaris Cockfield, a City Hall spokeswoman, said in a statement, noting that the federal monitor who oversees the jails had raised concerns about the law.The state of emergency is expected to remain in effect for 30 days, though Mr. Adams can extend it for additional 30-day periods. He has declared states of emergency before, including in response to the migrant crisis and the outbreak of monkeypox, but Ms. Cockfield noted that the mayor has never before issued an emergency executive order in response to newly passed legislation.It was unclear on Sunday what steps the Council would take in response. Emergency executive orders can only be challenged through the court system. But the mayor’s actions were attacked by elected officials who had backed the bill, including Jumaane Williams, the city’s public advocate, who called the decision an “abuse of power.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More
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New Hampshire Bans Gender-Transition Surgery for Minors
The move is in line with what other Republican-led states have done, but it is the first such ban in the Northeast.The NewsNew Hampshire will ban gender-transition surgeries for minors after Gov. Chris Sununu signed a bill on Friday that bars health professionals from performing the procedures. The new law also threatens disciplinary action for doctors who refer minors to other providers for such services.The governor, a Republican, also signed a bill that bars transgender athletes from competing on school sports teams that align with their gender identities, and another that lets parents choose to have their children opt out of any public school instruction in “sexual orientation, gender, gender identity or gender expression.”Mr. Sununu vetoed a fourth bill that would have allowed businesses and public entities to separate bathrooms, locker rooms and athletic teams based on biological sex.BackgroundThe moves are in line with what other leaders in the Republican Party have done. About two dozen other states have passed laws that bar transgender minors from receiving gender-transition care.“This bill focuses on protecting the health and safety of New Hampshire’s children and has earned bipartisan support,” Mr. Sununu said in a statement about the measure banning gender-transition surgeries.Before Friday, Mr. Sununu had taken a relatively mixed stance on gender-identity issues and L.G.B.T.Q. rights.In 2018, he signed bills that banned discrimination based on gender identity in housing, employment and public accommodations and prohibited therapies that sought to change the sexual orientation of minors.“We must ensure that New Hampshire is a place where every person, regardless of their background, has an equal and full opportunity to pursue their dreams and to make a better life for themselves and their families,” Mr. Sununu said at the time.At a State House hearing last year, Courtney Tanner, senior director of government relations for Dartmouth Health, testified against the measure banning surgeries, saying: “We don’t like to legislate medicine. These are complex subject matters that are really between a patient and a provider.”The measure signed into law was significantly pared down from its initial version, which included prohibitions on a wider range of medical treatments for transgender minors, such as puberty blockers, hormone therapy and top surgeries.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More
