The following statement may be attributed to Free State Foundation President Randolph May:
It looks like FCC Chairman Ajit Pai agrees with the comments that the Free State Foundation submitted to the Commission contending that the agency possesses the authority to clarify the meaning of some of Section 230's terms and that it may be able to do so consistent with the First Amendment. In our comments, we emphasized that there is a difference between the FCC providing its interpretation as to the meaning of Section 230's provisions, for whatever weight the courts then may decide to give to the agency's interpretation, and the FCC taking enforcement actions pursuant to Section 230. And we emphasized that any action that has the effect of narrowing Section 230's broad grant of immunity doesn't necessarily violate the First Amendment. There is an important distinction, for purposes of the First Amendment application, between protecting a content provider's, say Twitter's, right to decide what to carry or delete, and granting such content provider immunity from suits for all of its content moderation decisions. I'm pleased, but not surprised, that Chairman Pai appreciates these points regarding the First Amendment and the Commission's legal authority.
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