For someone with so much to say about Section 230, @HawleyMO knows so little about it. Let’s fact check his claims about Section 230 from the letter he recently sent to @Twitter. Thread:

“But editorializing is what publishers do, like the New York Times and the Washington Post. Your company is treated very differently from publishers, as you know.”

False. If NYT and WP moderate content, they’re not liable. If Twitter creates content, it’s liable for the content.

“Traditional publishers are liable when they mess up.”

True. So is Twitter, for any content it creates, just like “traditional publishers.” There is no difference.

“But under Section 230, Twitter receives a special government carve-out that shields it from liability.”

False. Everyone is treated the same, including “traditional publishers” and anyone reading this tweet or breathing.

“That statute tells courts to treat Twitter like a passive distributor of third-party content.”

False. The statute is about what you do, not who you are. You’re not liable when you moderate content. You’re potentially liable when you create content. That’s true for everyone.

“Twitter’s decision to affix its own editorial content to users’ posts brings into question the basis for that immunity.”

Twitter has no special immunity. You and I have the same immunity. It’s always contextual, not blanket immunity.

“It makes little sense to treat companies that publish their editorial comments about others’ content as if they are mere distributors.”

The law doesn’t treat anyone as “mere” anything. It’s contextual, not all or nothing.

“Companies that act like publishers should be treated like publishers.”

All are treated the same under the law. The law doesn’t define anyone as a “publisher” in all contexts.

“Section 230 should not treat Twitter and neutral internet service providers in the same way when they function so differently.”

Write a bill, but don’t pretend you’re some hero of free speech. Undermining Section 230 will embolden government regulators and harm free speech.

If you’d like to read Section 230, you can find it here: https://www.law.cornell.edu/uscode/text/47/230