Ohio House Republicans push bill targeting tech censorship
The following article was originally published in the Ohio Capital Journal and published on News5Cleveland.com under a content-sharing agreement.Rep. Al Cutrona, R-Canfield, first announced the idea last August, as a series of bullet-pointed policy positions. But his proposal saw some significant revisions in the drafting process. Most notable, is the legislation’s enforcement mechanism.
“That will make it harder to get an injunction as NetChoice did in Florida in Texas. But in my humble opinion, I think that was a change that was too clever by half,” DelBianco said, “because private lawsuits will run into the very same constitutional problems as the state did before in Texas.” Rep. D.J. Swearingen, R-Huron, argued there must be some way to distinguish between viewpoint and content, and then prohibiting operators from censoring the former. DelBianco insisted the courts don’t see a distinction — the viewpoint is expressed through the content. Perhaps lawmakers could label social media companies common carriers, Rep. Bill Seitz, R-Cincinnati, suggested, and regulate their terms through the Public Utilities Commission.
“Social media sites may be private companies, but they serve as publicly accessible conduits for speech,” Wiggam argued. He also notes that federal law, through Section 230 of the Communications Decency Act, explicitly grants immunity from civil lawsuits to platforms that restrict content they deem inappropriate, “whether or not such material is constitutionally protected.”
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