ONLINE CONTENT POLICY: WHAT LEGISLATIVE PROPOSALS AIMING TO REIN IN “BIG TECH” NEED TO GRAPPLE WITH

There are endless proposals in Congress aimed at fixing the problems with “Big Tech.” Introduced over the last four years, each one hopes to solve problems such as the spread of misinformation online, the spread of unlawful content online, or even the removal of constitutionally protected speech from internet platforms. Unfortunately, these various pieces of legislation that hope to regulate social media regularly fail to grapple with all kinds of problems, such as First Amendment barriers to action. Further, they fail to recognize that social media is not the cause of many of the problems that legislators seek to solve. This Essay will outline a handful of the biggest issues that elude lawmakers proposing changes to § 230 of the Communications Decency Act of 1996 and content moderation policy