Beyond Speech: Section 230 and Its Implications for State and Local Governments

Section 230’s implications radiate far beyond speech. This essay discusses the ways 230 has affected state and local governments. In particular, it outlines how platforms use 230 to chill and slow regulatory efforts aimed at addressing the market failures platforms themselves create. For example, when Airbnb moves into a city, the short-term rental platform tries to use 230 to externalize the costs to public safety and housing affordability it inflicts on communities. As the case law related t