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“It just strikes me as fundamentally problematic,” said Jane Kirtley, a professor of media ethics and law at the University of Minnesota. “On one hand, you’re trying to argue you’re this publisher making editorial judgments. But then they turn around and claim they are protected under [Section 230] because they are not publishers.”
Natalie Naugle, Facebook’s associate general counsel for litigation, defended the company’s legal strategy in a statement to the Guardian, saying: “Facebook explained in today’s hearing that we decide what content to make available through our platform, a right protected by Section 230. Like many other technology companies, we rely on the discretion protected by this law to police bad behavior on our service.”
More from the Guardian.