That's 180 degrees out... the opposite of the truth in what the law AS PASSED intends... as that's NOT what it says...
That is EXACTLY what it says:
"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
The plain text of the statute could not be more clear. And the courts at all levels have universally and broadly treated it as such for over two decades; interactive computer services cannot be held liable for third-party content that appears on their platforms.
It doesn't make any difference whatsoever if you want to call them a "publisher" or even if they call themselves a publisher. If they are an interactive computer service, the law is that they will not be treated as the publisher. This is such settled law I can't even imagine why we are having this discussion.The only people who don't believe that are 1) plaintiffs lawyers who are willing to bill their clients for futile litigation costs, and/or 2) people who cannot or choose to not comprehend the plain text of the statute and two decades of legal precedent up to and including the SCOTUS.
There are three exceptions to the broad immunity granted by Congress and they are carved out in the specific language of the statute; federal criminal law, federal intellectual property law and, more recently, FOSTA which is currently being challenged in the courts. Even state law claims are preempted:
"No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section."
So, no... not settled law... That's law that needs to be burned to the ground...
If you think it's bad law and should be changed, that's one thing. Your entitled to your opinion on that. However, it is at present the prevailing law of the land whether you like it or not. And has been for two decades. That is the definition of settled law.
Traditionally, "settled law" or "black-letter law" refers to law that is so well-established that it is no longer subject to reasonable dispute. For example, it is settled law that the essential elements of a contract are an offer, acceptance, consideration, and intention to be bound.
Roe v. Wade has been settled law for decades too. It is the current law of the land. Yes, Congress could change the law. Yes, a future Supreme Court might change it. But it is unequivocally and indisputably settled law today. |
