Every now and then, I do some legislative drafting . I tend to get pushback on my habit of including a bunch of legislative findings and statements of policy, and what some consider my over-detailed definitions. The usual challenge I get is “everyone knows what we’re talking about.” My response: “I’m not writing for us. I’m writing for some judge 25 years from now with no idea what we’re talking about or trying to do.”
Which brings me to Gonzales v. Google , the Supreme Court case in which the Justices will take their first shot at interpreting Section 230 of the Communications Act. Distill down the thousands of pages of briefs, brush away the policy arguments, and it all boils down to one question: “What did Congress actually mean when it said don’t treat online services as the ‘publisher of speaker’ of third-party content”? Does it mean (a) the plain English ‘don’t treat the provider of the online service as if that pro
Because this question comes a lot, and because I expect lots of folks to follow the Gonzales case, I decided to run through the type of analysis courts typically engage in when trying to interpret what Congress meant and why courts can come up with wildly divergent explanations.
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