A Federal Anti-SLAPP Law Would Make CDA 230 More Effective

Julio Sharp-Wasserman and Evan Mascagni analyze one of the ways that a federal anti-SLAPP law would promote free speech online: it would close loopholes in Section 230 of the Communications Decency Act (CDA 230). CDA 230 is designed to prevent a chilling effect on internet users’ speech. As Sharp-Wasserman and Mascagni explain, “CDA 230 enables the dismissal before trial of lawsuits that seek to hold websites of user-driven content, such as Twitter and YouTube, liable for the unlawful speech of conduct of their users.” This, in turn, prevents these companies from having to closely censor users’ contents in order to protect themselves.