The end of Roe adds new stakes to a long-running debate.
about the subject. Broad terms like “hosting” would even seemingly let states go after internet infrastructure providers that support sites like Plan C or social networks that they use to spread information.
Civil liberties advocates assert that this would be unconstitutional. “This kind of legislation raises serious First Amendment concerns,” said Knight First Amendment Institute executive director Jameel Jaffer. “We intend to consider challenging any legislation that uses today’s Supreme Court decision as a justification for new limitations on protected speech, or new forms of surveillance.”
Motivated prosecutors may still try to punish outlets that share information, arguing that the material is specifically intended to help others break the law, and drag them into expensive and protracted legal cases even if they ultimately prevail.
Right now, platforms have an easy answer to threats: Section 230 of the Communications Decency Act. Section 230 shields apps and websites from being considered the “publisher or speaker” of user-generated content, protecting them from liability over hosting it. Unlike a First Amendment defense, it doesn’t require fighting over whether the content in question is illegal, reducing the legal burden of lawsuits.
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