Dear Section 230 Critics: When Senators Hawley And Cruz Are Your Biggest Allies, It’s Time To Rethink

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Former FCC Boss Tom Wheeler Continues To Misunderstand And Misrepresent Section 230 And The Challenges Of Content Moderation

Long time Techdirt readers will already be screaming about this. This claim is not just wrong, it’s very, very ignorant about the 1st Amendment. The “falsely shouting fire in a crowded theater” line was a throwaway line in an opinion by Justice Holmes that was actually about jailing someone for handing out anti-war pamphlets. It was never actually standard for 1st Amendment jurisprudence, and was effectively overturned in later cases, meaning it is not an accurate statement of law.