Section 230 of the Communications Decency Act is one of the most frequently cited and complained about statutes in Washington, D.C., from both parties, according to Aaron Saykin, partner, media and First Amendment practice leader at Hodgson Russ LLP.

The law was enacted in the 1990s and it shields online platforms — like Google, Yelp, Twitter, Facebook — from legal liability for posts published by their users. “This was the advent of the internet,” Saykin said. “I think forward looking members of Congress said, ‘We don’t want to cripple this new platform —this new level of innovation — with defamation suits.’”

In this premiere episode of the Thought Leaders in Law and Business podcast, presented by Hodgson Russ and The Business Journals, Saykin discusses this hot topic with host John Tebeau, publisher of Buffalo Business First.

“The Supreme Court has said certain types of speech can be regulated and treated differently like commercial speech. There's a different level of scrutiny for that. Things that are lewd, there's certain jurisprudence that allows the regulation of that. But just political speech and regulating that based on the content is fraught with peril for the government,” Saykin said.

Listen to this podcast episode to learn more about:

• Why Saykin changed his career path from an investigative television reporter to lawyer.
• Section 230 of the Communications Decency Act — what it says, what it means, the benefits and the negatives.
• Exceptions to the law.
• The different reasons both parties want Section 230 changed.
• What the world might look like if the liability shield is repealed.

Learn more about Hodgson Russ at hodgsonruss.com.

This podcast does not provide legal advice.