Beyond Content: The Case That Could Redefine Free Speech and Social Media Censorship

A lawsuit against Snapchat challenges whether a platform’s design choices — not just user content — can make it legally responsible for illicit activity.

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Section 230 of the Communications Decency Act is the internet’s First Amendment bodyguard, the legal backbone that lets social media platforms exist without turning into lawsuits waiting to happen. Without it, the internet as we know it (messy, unpredictable, and full of both brilliance and stupidity) would likely collapse under the weight of legal liability.

But even the strongest legal shields have their weak spots, and a new lawsuit is probing one of Section 230’s trickier questions: If a platform isn’t responsible for what users post, can it still be responsible for how they use it?

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