Argument to reform Section 230 of the Communications Decency Act (1996), which ensures social media platforms are not held liable for statements made by their users.

1. 1
Cady Rombach
News Media
Paper #2
** Employer, please note: The original prompt for this assignment is included on
pages 13-16 of this document. **
Honor Pledge: On my honor as a student, I pledge that I have neither given nor
received aid on this assignment. - Cady Rombach
Section 230 must be amended to make social media platforms liable for
allowing harassment, physical endangerment, and misinformation to fester without
protective moderation. Unchecked platforms cause irreparable harm both
domestically and internationally. Facebook has inflamed persecution and
precipitated a genocide in Myanmar. In India, a campaign of false information on
WhatsApp influenced election turnout. Platforms harm people at the individual
level, too, by exposing the personal information of vulnerable users. In the U.S.,
online lies about election fraud incited an insurrection, as unsubstantiated claims
about COVID-19 caused unnecessary illness. It is lazy and negligent for platforms
to claim an “inability” to properly moderate. Newspapers, radio, and broadcast
television have for decades been responsible for the content they publish, all while
preserving free speech—the same standard should be true for social media. A
Section 230 reform would necessarily force platforms to prioritize user protection
over profit.

2. 2
In Myanmar, Facebook’s delay in removing persecutory posts has made it
the primary site for anti-Rohingya Muslim sentiment and enabled the genocide of
over 10,000 Rohingyas1
. Internet access in Myanmar, still in its infancy, is
synonymous with Facebook use. 38 percent of Myanmar Facebook users received
“most, if not all, of their news on the site”2
. Facebook relies on users to flag
content that might violate the site's complicated "community standards”2
, but
because Burmese people are new to the Internet, they are less equipped to discern
misinformation. Anti-Rohingya sentiment on Facebook is propagated both by
normal citizens and military officers. In 2017, the Burmese commander in chief,
Min Aung Hlaing, included the anti-Rohingya term “Bengali terrorist” 41 times in
one Facebook post2
. Hlaing had over 2 million followers at the time of posting.
Facebook did not remove Hlaing’s post or deactivate his account until August
2018, when the U.N. called for Myanmar’s military leaders to be prosecuted for
genocide, crimes against humanity, and war crimes3
. In November 2018, Facebook
3
Mahtani, Shibani. “U.N. Report Calls for Myanmar Generals to Be Prosecuted for
Genocide, War Crimes.” Washington Post, 27 Aug. 2018,
2
Gowen, Annie, and Max Bearak. “Fake News on Facebook Fans the Flames of
Hate against the Rohingya in Burma.” Washington Post, 8 Dec. 2017,
www.washingtonpost.com/world/asia_pacific/fake-news-on-facebook-fans-the-fla
mes-of-hate-against-the-rohingya-in-burma/2017/12/07/2c1fe830-ca1f-11e7-b506-
8a10ed11ecf5_story.html?itid=lk_readmore_manual_45.
1
Cachero, Paulina. “Myanmar Has Been Ordered to Protect Rohingya Muslims
from Genocide, Following an Estimated 10,000 Deaths.” Insider, 23 Jan. 2020,
www.insider.com/myanmar-ordered-to-protect-rohingya-muslims-from-genocide-b
y-un-2020-1.

3. 3
vaguely stated they “weren’t doing enough” to prevent the spread of ethnic
cleansing ideology4
, but dodged negative press by releasing this statement one
night before the U.S. midterm elections5
. It should not take a U.N. investigation for
platforms to eliminate genocidal content. With a Section 230 reform, Facebook
would be incentivized in the U.S. to censor hatred like this, before it reaches
millions of people and kills tens of thousands.
Platforms that collect sensitive information on users like location fail to
protect users from in-person harassment because they are not federally obligated to
do so. In 2017, Matthew Herrick accused LGBTQ dating app Grindr of
“negligence, intentional infliction of emotional distress, false advertising, and
deceptive business practices”6
. Herrick’s ex-boyfriend manipulated Grindr’s
geo-location function to create multiple fake profiles using Herrick’s likeness.
Many of the profiles included falsified, violent requests like “rape fantasy” that
6
Greenberg, Andy. “Spoofed Grindr Accounts Turned One Man’s Life Into a
‘Living Hell.’” Wired, 3 June 2017,
www.wired.com/2017/01/grinder-lawsuit-spoofed-accounts.
5
Stevenson, Alexandra. “Facebook Admits It Was Used to Incite Violence in
Myanmar.” The New York Times, 6 Nov. 2018,
www.nytimes.com/2018/11/06/technology/myanmar-facebook.html.
4
Warofka, Alex Product Policy Manager. “An Independent Assessment of the
Human Rights Impact of Facebook in Myanmar.” About Facebook, 15 Mar. 2021,
about.fb.com/news/2018/11/myanmar-hria.
www.washingtonpost.com/world/un-report-calls-for-myanmar-generals-to-be-inves
tigated-prosecuted-for-genocide-and-war-crimes/2018/08/27/fbf280a6-a9b5-11e8-
8f4b-aee063e14538_story.html.

4. 4
endangered Herrick. From 2016-2017, over 700 unwanted men appeared at
Herrick’s home and work. Until Herrick sued, the only responses he received from
the app were “auto-replies”. Grindr pushed the case to federal court to argue
Section 230 protection7
. In February 2017, the federal court sided with Grindr. US
District Court Judge Valerie E. Caproni found the platform’s actions unacceptable,
but acknowledged that “a dating app like Grindr couldn’t be sued because one of
its users harassed someone through the platform”7
. Though Grindr was the singular
host of the targeted intimidation and threats of violence that Herrick endured, the
platform was absolved of any responsibility. Herrick’s case demonstrates the need
for Section 230 reform that implicates platforms in the harassment carried out on
their turf.
Without sufficient moderation, social media platforms endanger the lives of
individuals caught in the crosshairs of conspiracy theories. In September 2020,
Pro-Trump extremists like One America News’s Jack Posobiec wrote, “Stop the
Steal” on social media8
. The phrase, embraced by Trump, came to embody lies
8
DFRLab, Atlantic Council’S. “#StopTheSteal: Timeline of Social Media and
Extremist Activities Leading to 1/6 Insurrection.” Just Security, 10 Feb. 2021,
www.justsecurity.org/74622/stopthesteal-timeline-of-social-media-and-extremist-a
ctivities-leading-to-1-6-insurrection.
7
Kingkade, Tyler. “Herrick Vs. Grindr Is A Section 230 Case That Could Change
The Internet As We Know It.” BuzzFeed News, 16 Jan. 2021,
www.buzzfeednews.com/article/tylerkingkade/grindr-herrick-lawsuit-230-online-st
alking.

5. 5
about anti-Republican election fraud. QAnon conspiracy theorists and fringe
conservatives sowed doubts in the election by making unsubstantiated claims of
voter fraud on social media. As a result, pro-Trump protesters across the U.S.
gathered to intimidate poll workers in locations such as Atlanta’s State Farm
Arena9
and Detroit’s TCF Center10
. Ruby Freeman, a Black temp worker at
Atlanta’s Fulton County polling station, was targeted by conspiracy theorists for
supposed mishandling of ballots11
. Freeman was doxxed, harassed with racial slurs,
and received over 420 emails and 75 text messages, including one that read: "We
know where you live, we coming to get you”11
. Freeman is dragged into baseless
claims about election fraud on Twitter with hashtags such as #GeorgiaBallotStuffer
and #RubyFreeman12
. On YouTube, a search for “Ruby Freeman” returns
unrestricted videos including, “Georgia Voter Fraud starring Ruby Freeman
CAUGHT ON TAPE”13
and “Zoomed version of Ruby Freeman committing
13
https://www.youtube.com/watch?v=KoX3EaCcAz8
12
https://twitter.com/search?q=%23GeorgiaBallotStuffer&lang=en
11
Kauffman, Johnny. “‘You Better Run’: After Trump’s False Attacks, Election
Workers Faced Threats.” NPR, 5 Feb. 2021,
choice.npr.org/index.html?origin=https://www.npr.org/2021/02/05/963828783/you-
better-run-after-trumps-false-attacks-election-workers-faced-threats.
10
Frank, Annalise. “Chaos at TCF Center as Crowds of Election Challengers Shout
‘Stop the Vote.’” Crain’s Detroit Business, 4 Nov. 2020,
www.crainsdetroit.com/elections/chaos-tcf-center-crowds-election-challengers-sho
ut-stop-vote.
9
Boone, Christian. “Partisan Divide Fueled by Partisan Media.” The Atlanta
Journal-Constitution [Atlanta, GA], 5 Nov. 2020, www.ajc.com/gdpr.html.

6. 6
massive voter fraud in #georgia”14
. Even months after claims of voter fraud were
debunked15
, these posts remain live and viewable. Falsified and misleading content
like this threatens the livelihood of innocent individuals and indicates the need for
stricter platform liability.
By amplifying lies about voter fraud in the 2020 Presidential election,
platforms aided in the planning and execution of the January 6th, 2021 violent
insurrection of the U.S. Capitol. On December 19th, 2020, Donald Trump tweeted,
“Statistically impossible to have lost the 2020 Election”16
. The same month,
Georgia election official Gabriel Sterling warned, “someone’s going to get killed”17
if election lies continue to spread. On January 4th, Trump told supporters at a
pre-election rally, “They’re not taking this White House. We’re going to fight like
hell.” Trump sympathizers heightened calls to “fight” the proven election results.
17
Parks, Miles. “Election Officials Warned ‘Someone’s Going To Get Shot,’ But
That Didn’t Stop Trump.” NPR, 6 Jan. 2021,
choice.npr.org/index.html?origin=https://www.npr.org/sections/congress-electoral-
college-tally-live-updates/2021/01/06/954148117/election-officials-warned-someo
nes-going-to-get-shot-but-that-didnt-stop-trump.
16
Goodman, Ryan. “Incitement Timeline: Year of Trump’s Actions Leading to the
Attack on the Capitol.” Just Security, 25 Feb. 2021,
www.justsecurity.org/74138/incitement-timeline-year-of-trumps-actions-leading-to
-the-attack-on-the-capitol.
15
Alba, Davey, and Sheera Frenkel. “Here Are 6 Voter Fraud Claims You May
Hear in Electoral Vote Hearing.” The New York Times, 6 Jan. 2021,
www.nytimes.com/2021/01/06/business/election-fraud.html.
14
https://www.youtube.com/watch?v=NadMcAtOlXk

7. 7
Rep. Marjorie Taylor Greene tweeted, “FIGHT. FOR. TRUMP.”16
Before
suspension, Trump’s account, @realDonaldTrump, was “followed by 20% of US
adults” on Twitter18
. The Pew Research Center noted, “Tweets sent by political
figures – particularly the president – often have far more reach” than follower
count alone19
. Many Americans see Trump’s tweets by other pathways, “such as
through retweets, quote tweets or in media coverage”19
.
The failure of platforms to remove false public health information about
COVID-19 has caused unnecessary harm to Americans who heed unfounded
advice. After Donald Trump remarked that chlorine dioxide might treat the virus,
misinformation spread across Twitter and Facebook that claimed the same idea20
.
As an excuse, Twitter claimed, “We will not require every Tweet that contains
incomplete or disputed information about #COVID19 to be removed. As an open
20
Culliford, Elizabeth. “Twitter Allows Trump COVID-19 Disinfectant Videos,
Blocks ‘#InjectDisinfectant.’” U.S., 27 Apr. 2020,
www.reuters.com/article/us-health-coronavirus-trump-twitter/twitter-allows-trump-
covid-19-disinfectant-videos-blocks-injectdisinfectant-idUSKCN2262SR.
19
Wojcik, Stefan, et al. “About One-in-Five Adult Twitter Users in the U.S. Follow
Trump.” Pew Research Center, 15 July 2019,
www.pewresearch.org/fact-tank/2019/07/15/about-one-in-five-adult-twitter-users-i
n-the-u-s-follow-trump.
18
“Differences in How Democrats and Republicans Behave on Twitter.” Pew
Research Center - U.S. Politics & Policy, 15 Oct. 2020,
www.pewresearch.org/politics/2020/10/15/differences-in-how-democrats-and-repu
blicans-behave-on-twitter.

8. 8
service, this is not scalable and limits active discussion”21
. But these Tweets have
real impact. Nearly 50 residents of Texas required treatment “after they ingested
the chemical in order to kill the Coronavirus”, and 12 were hospitalized22
. Clearly,
Trump’s misinformation about COVID-19 should be moderated to avoid this
physical harm.
Social media companies should face more scrutiny for the content they allow
to surface and circulate on their platforms. The results of a failure to do so have
already been devastating — genocide, personal harassment, dangerous health
advice, and an insurrection. Section 230 must be reformed to hold platforms
accountable for the real, measurable harm they do to Americans and users across
the globe.
22
Beausoleil, Sophia. “North Texas Poison Center Reminds People Again Not to
Ingest Cleaning Products.” NBC 5 Dallas-Fort Worth, 24 Aug. 2020,
www.nbcdfw.com/news/health/north-texas-poison-center-reminds-people-again-no
t-to-ingest-cleaning-products/2431779.
21
Reichert, Corinne. “Twitter Says Videos of Trump Suggesting Disinfectant as
COVID-19 Treatment Don’t Violate Policy.” CNET, 25 Apr. 2020,
www.cnet.com/health/twitter-reportedly-says-videos-of-trump-suggesting-disinfect
ant-as-covid-19-treatment-dont-violate-policy.

9. 9
Works Cited
Alba, Davey, and Sheera Frenkel. “Here Are 6 Voter Fraud Claims You May Hear in
Electoral Vote Hearing.” The New York Times, 6 Jan. 2021,
www.nytimes.com/2021/01/06/business/election-fraud.html.
Beausoleil, Sophia. “North Texas Poison Center Reminds People Again Not to Ingest
Cleaning Products.” NBC 5 Dallas-Fort Worth, 24 Aug. 2020,
www.nbcdfw.com/news/health/north-texas-poison-center-reminds-people-again-n
ot-to-ingest-cleaning-products/2431779.
Boone, Christian. “Partisan Divide Fueled by Partisan Media.” The Atlanta
Journal-Constitution [Atlanta, GA], 5 Nov. 2020, www.ajc.com/gdpr.html.
Cachero, Paulina. “Myanmar Has Been Ordered to Protect Rohingya Muslims from
Genocide, Following an Estimated 10,000 Deaths.” Insider, 23 Jan. 2020,
www.insider.com/myanmar-ordered-to-protect-rohingya-muslims-from-genocide-
by-un-2020-1.
Culliford, Elizabeth. “Twitter Allows Trump COVID-19 Disinfectant Videos, Blocks
‘#InjectDisinfectant.’” U.S., 27 Apr. 2020,
www.reuters.com/article/us-health-coronavirus-trump-twitter/twitter-allows-trum
p-covid-19-disinfectant-videos-blocks-injectdisinfectant-idUSKCN2262SR.

10. 10
DFRLab, Atlantic Council’S. “#StopTheSteal: Timeline of Social Media and Extremist
Activities Leading to 1/6 Insurrection.” Just Security, 10 Feb. 2021,
www.justsecurity.org/74622/stopthesteal-timeline-of-social-media-and-extremist-
activities-leading-to-1-6-insurrection.
“Differences in How Democrats and Republicans Behave on Twitter.” Pew Research
Center - U.S. Politics & Policy, 15 Oct. 2020,
www.pewresearch.org/politics/2020/10/15/differences-in-how-democrats-and-rep
ublicans-behave-on-twitter.
Frank, Annalise. “Chaos at TCF Center as Crowds of Election Challengers Shout ‘Stop
the Vote.’” Crain’s Detroit Business, 4 Nov. 2020,
www.crainsdetroit.com/elections/chaos-tcf-center-crowds-election-challengers-sh
out-stop-vote.
Goodman, Ryan. “Incitement Timeline: Year of Trump’s Actions Leading to the Attack
on the Capitol.” Just Security, 25 Feb. 2021,
www.justsecurity.org/74138/incitement-timeline-year-of-trumps-actions-leading-t
o-the-attack-on-the-capitol.
Gowen, Annie, and Max Bearak. “Fake News on Facebook Fans the Flames of Hate
against the Rohingya in Burma.” Washington Post, 8 Dec. 2017,
www.washingtonpost.com/world/asia_pacific/fake-news-on-facebook-fans-the-fla
mes-of-hate-against-the-rohingya-in-burma/2017/12/07/2c1fe830-ca1f-11e7-b506
-8a10ed11ecf5_story.html?itid=lk_readmore_manual_45.

11. 11
Greenberg, Andy. “Spoofed Grindr Accounts Turned One Man’s Life Into a ‘Living
Hell.’” Wired, 3 June 2017,
www.wired.com/2017/01/grinder-lawsuit-spoofed-accounts.
Kauffman, Johnny. “‘You Better Run’: After Trump’s False Attacks, Election Workers
Faced Threats.” NPR, 5 Feb. 2021,
choice.npr.org/index.html?origin=https://www.npr.org/2021/02/05/963828783/yo
u-better-run-after-trumps-false-attacks-election-workers-faced-threats.
Kingkade, Tyler. “Herrick Vs. Grindr Is A Section 230 Case That Could Change The
Internet As We Know It.” BuzzFeed News, 16 Jan. 2021,
www.buzzfeednews.com/article/tylerkingkade/grindr-herrick-lawsuit-230-online-
stalking.
Mahtani, Shibani. “U.N. Report Calls for Myanmar Generals to Be Prosecuted for
Genocide, War Crimes.” Washington Post, 27 Aug. 2018,
www.washingtonpost.com/world/un-report-calls-for-myanmar-generals-to-be-inv
estigated-prosecuted-for-genocide-and-war-crimes/2018/08/27/fbf280a6-a9b5-11e
8-8f4b-aee063e14538_story.html.
Parks, Miles. “Election Officials Warned ‘Someone’s Going To Get Shot,’ But That
Didn’t Stop Trump.” NPR, 6 Jan. 2021,
choice.npr.org/index.html?origin=https://www.npr.org/sections/congress-electoral
-college-tally-live-updates/2021/01/06/954148117/election-officials-warned-some
ones-going-to-get-shot-but-that-didnt-stop-trump.

12. 12
Reichert, Corinne. “Twitter Says Videos of Trump Suggesting Disinfectant as COVID-19
Treatment Don’t Violate Policy.” CNET, 25 Apr. 2020,
www.cnet.com/health/twitter-reportedly-says-videos-of-trump-suggesting-disinfe
ctant-as-covid-19-treatment-dont-violate-policy.
Stevenson, Alexandra. “Facebook Admits It Was Used to Incite Violence in Myanmar.”
The New York Times, 6 Nov. 2018,
www.nytimes.com/2018/11/06/technology/myanmar-facebook.html.
Warofka, Alex Product Policy Manager. “An Independent Assessment of the Human
Rights Impact of Facebook in Myanmar.” About Facebook, 15 Mar. 2021,
about.fb.com/news/2018/11/myanmar-hria.
Wojcik, Stefan, et al. “About One-in-Five Adult Twitter Users in the U.S. Follow
Trump.” Pew Research Center, 15 July 2019,
www.pewresearch.org/fact-tank/2019/07/15/about-one-in-five-adult-twitter-users-
in-the-u-s-follow-trump.

13. 13
Paper Two Prompt
Social Media, Reform or Protect
The News Media, MDST 3230, Spring 2021
Due: Tuesday, April 13, 5pm –Collab Assignments, Paper Two.
Please write a persuasive essay, supported by research and footnotes, with at
least 6 real world examples found in news articles and/or news viewings which
support your point of view. The goal of a persuasive essay is to persuade the reader
of your opinion with extremely clear arguments.
**This is a 1000 word minimum paper, with that limit enforced. No
maximum.
THE KEY PROMPT
REFORM OR PROTECT? Choose one of the options below, take a clear,
unambiguous stand and then defend it.
REFORM. We should REFORM Section 230 to allow lawsuits against social
media platforms in cases where the platforms host, promote, or fail to remove
content that causes harm. Or....
PROTECT. We should PROTECT social media platforms against lawsuits because
forcing them to judge and remove user content will lead to the censorship of
protected political speech.
Declare and defend your choice with blunt force clarity. Except for the very first
sentence which is worth 10 points, I will not be directly deducting points for lack
of clarity, or the failure to lead paragraphs with arguments. However, you risk not
earning points if your arguments aren’t well explained. There will be major
deductions for lapses in sentence structure, grammar and spelling.
At least half the class wrote paper one with basic errors. Please fix that—the
outside world judges carelessness harshly. Please--proofread this paper with focus
and diligence,

14. 14
OPTIONAL CONTRAST PARAGRAPH
You may include one Contrast Paragraph that supports the other side. This is
optional, not mandatory. But if you write a Contrast Paragraph, keep it to one
paragraph and include a real world example showing where your point happened.
In this contrast paragraph you may explore the platforms most recent promises to
reform by giving users more control over received content.
Must Read. Important Context—Mass Scale Disinformation Is Your Focus.
Please keep in mind this is a class called The News Media and that we are
studying social media in depth because most of the Americans who use it for news
can no longer expect that the content on the platforms is truthful.
Your choice of Reform vs. Protect should focus on “content moderation.”
Should social media be held responsible in court for not removing or for actively
promoting mass scale disinformation or inciteful speech which causes harm?
Or—again- should we Protect social media against lawsuits because forcing the
platforms to judge disinformation or hate speech more closely/more quickly will
result in censorship?
My point is: keep your focus on whether this fear of liability will help solve
harassment or disinformation. This is not an anti-trust paper. Your essay should not
be about breaking up the companies-- on focus on the charge that they’ve become
monopolies.
FOOTNOTES AND THE RESEARCH REQUIREMENT
**List footnotes at the bottom of each page. **6 real world
examples—directly connected to the point you are making-- are required for
an A.
Within this essay, support every argument and factual claim with a footnote I can
find, or a footnote to a link that works when clicked. I do not care what format you
use for the footnotes. I just have to find it with a click or a copy and paste.
Citing the lectures or other research is allowed, but you need at least 6
footnoted, real world examples showing the reader—“here’s a specific example of

15. 15
what I’ve just described.” Be careful not to use some commentator’s “claims” of
harm or “claims” of censorship without citing an actual example.
**Why real world examples? In persuasive essays, one key is to persuade
the audience that what you are describing happened HERE. There was personal or
social harm suffered HERE or protected speech wrongly taken down HERE.
A NOTE ON OWNING YOUR OPINION
Seriously, you do not have to agree with my argument that social media has
caused and promoted so much harm, it’s time to subject the platforms to lawsuits.
There are powerful reasons to maintain their protections. The goal is to explain
your point of view with blunt clarity and then support your analysis with facts.
DUE DATE AND FORMAT REQUIREMENTS
Due Tuesday April 13, 5 pm. Submit as WordDoc attachment in Collab
Assignments, Paper Two. Do not submit in Pages, Google Docs or a PDF.
Do not submit a late paper. Late papers earn a zero and won’t be accepted by
Collab after 5.
Please Write This Paper in Microsoft Word, Times New Roman font, 14 pt. type.
LABELING REQUIREMENT **Important** Deduction Involved**
Label Your Document File in This Format: First NameLast NameChoice
Example: WyattAndrewsReform.doc or WyattAndrewsProtect.doc
There will be point deductions for lapses in word count, formatting, labeling and
failure to include the Honor Code.
HONOR CODE REQUIREMENT
Write out the full honor code and write your name under it. Several random
papers with be checked with phrase comparison software. If you forget to include a
signed Honor Code statement, there’s a 5 point paper deduction.

16. 16
GRADE WEIGHTS
10%. Does the first sentence of your essay state and explain your main
argument concisely and with blunt clarity?
25 %. Have you footnoted all factual assertions? Footnotes at the bottom?
Met the minimum of 6 real world examples? Used inaccurate news sources? Do all
your links work? **Have you found original examples not mentioned in the
lectures?
15% Have you proofread this paper to eliminate lapses in grammar, or
spelling or incomplete sentences?
50 % By the end of your essay, would a reader, in or outside of this class
understand your main points and your reasons?