Jenna Ellis: Congress needs to ‘get off their butts’ and tackle Sec. 230
October 23, 2020
Constitutional Law Attorney, Senior Legal Adviser to the Trump Campaign, and Counsel to the President Jenna Ellis emphasized the need for Congress to act and fast to tackle big tech censorship, during Thursday’s episode of “The Sara Carter Show.” Ellis explained to host Sara A. Carter that social media companies have gone too far and act as publishers by censoring users, such as the President and prominent media outlets and reporters.
The only way to fix the problem, Ellis said, is to have the U.S. government intervene and fix Section 230 of the Communications Decency Act, which states that “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
In recent months, just ahead of the November 2020 presidential election, social media companies like Twitter and Facebook have censored users. For example, it seems like every time the President tweets about mail-in voting being fraudulent, Twitter issues a warning or clarification to his tweets.
“What needs to happen is that Congress absolutely has to act, they need to get off their butts, they need to do something about this,” she told Carter. “And they need to make sure that section 230 whether or not it’s repealed, does not apply. And that’s where there has to be a whether it’s you know, it’s a class action or whether you know, it’s an individual plaintiff, who will actually go into court and say, Judge, look, they are acting like a publisher in this regard, because their term their use and Terms of Service are not being applied.”
The New York Post’s recent reporting on Hunter Biden’s alleged shady foreign business dealings has been censored by the platform as well. In fact, many accounts that shared the reports including that of the White House Press Secretary Kayleigh McEnany’s were suspended.
The issue pushed the Senate Judiciary Committee this week to issue subpoenas to Twitter CEO Jack Dorsey, Facebook CEO Mark Zuckerberg, and Alphabet CEO Sundar Pichai.
Ellis added of Twitter’s actions, “It’s discriminatory enforcement. And it has a chilling effect on speech because they are acting as a publisher, not a platform. And so big tech is going to have to choose Do you want censorship like you can with a publisher? Or do you want section 230 immunity? You should not be able to have both under the law.”