Content Moderation

10/12/2019

Michigan bill aims to restrict what internet companies could ban from their sites

NetChoice
Carl Szabo Vice President and General Counsel

Carl Szabo, vice president and general counsel for the trade association Net Choice, told lawmakers the legislation is rife with “constitutional infirmities” and could lead to a number of unintended consequences, including incentivizing companies to content moderation in order to avoid liability.The Washington, D.C.-based organization, which says it represents businesses “promoting free speech and free enterprise on the net” on its website, opposes the bill.

“Because the term neutrality is so amorphous and so subject to the eye of the beholder, it’s not going to pass constitutional muster,”

Szabo said of the bill.

“In order to survive a First Amendment challenge, you have to be a compelling government interest, narrowly tailored and least restrictive. This bill fails all three prongs.”

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