> Although the content the EARN IT Act seeks to regulate is abhorrent and the government’s interest in stopping the creation and distribution of that content is compelling, the First Amendment still requires that the law be narrowly tailored to address those weighty concerns. Yet, given the bill’s broad scope, it will inevitably force online platforms to censor the constitutionally protected speech of their users. (https://www.eff.org/deeplinks/2020/03/earn-it-act-violates-c...)
The Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020 (EARN IT Act) amends an existing federal law to force online platforms into changing how they moderate content online by scanning and censoring more of their users’ communications. (https://www.aclu.org/news/free-speech/the-earn-it-act-is-a-d...)
If it’s hard for a provider to tell what’s unlawful, but it’ll face legal liability if it gets it wrong, then the obvious incentive is for the provider to avoid the danger zone and censor lots of lawful content along with the unlawful content, just in case. This is exactly why Section 230 immunity is so important, because without it, platforms would constantly censor a lot of legal speech by their American users – maybe your speech – as a byproduct of trying to censor illegal speech, for fear that if they didn’t cast a wide net, some illegal speech would slip through and they’d get sued for it. (https://cyberlaw.stanford.edu/blog/2020/03/earn-it-act-uncon...)