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Re:FCC to move ahead with 'rulemaking' on Section 230 by paulgb on Friday October 16, 2020 @06:44AM (#24799464)
The two problems with this approach:

1. Even if the courts always get it right, small sites are not going to want to want to hire a lawyer and go to court to defend someone else's speech. They will instead err on the side of caution (as many do now for DMCA violations), causing a chilling effect on speech.

2. In a system where whether a platform is liable for its content is ultimately decided by courts we cede a lot of power over speech to the government.

I really don't think the courts are the path we want to take.

Re:FCC to move ahead with 'rulemaking' on Section 230 by verroq on Friday October 16, 2020 @01:39PM (#24803090)
The government is forced to honour the Constitution unlike private corporations.

As courts set precedents, the process will become more streamlined. Ultimately becoming codified into law by congress.