William Barr's DOJ Pens Another Letter Targeting Section 230 Protections

William Barr's DOJ Pens Another Letter Targeting Section 230 Protections

WASHINGTON — An Assistant Attorney General at Willam Barr’s U.S. Department of Justice wrote a letter on Tuesday to the congressional committees currently reviewing projects to repeal or radically reform Section 230 — the so-called “First Amendment of the internet” — arguing that the legislation should be altered or else completely tossed in order to “start on fresh canvas.”

Assistant Attorney General Stephen Boyd wrote to the House and Senate's judiciary and commerce committees claiming Section 230 immunity allows platforms to act "in bad faith" or in a way that "demotes the speech of others based on political viewpoint.”

"That text provides immunity only for content removed 'in good faith' because it is 'obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable' — not merely because the platform operators themselves dislike or disagree with it," the Trump-appointed Assistant AG wrote, acting on behalf of Barr’s entire DOJ.

The DOJ specifically referenced a current controversy over Facebook and Twitter’s handling of a New York Post article that deliberately disseminated damaging information from obscure provenance about a presidential candidate’s family member.

The DOJ also explicitly referred to the recent announcement by Federal Communications Chairman Ajit Pai that his agency would attempt to set up rules to curtail Section 230 protections, and to Supreme Court Justice Clarence Thomas' unusual statement attached to a concurrent opinion urging that the Supreme Court take up cases that would challenge jurisprudence about the legislation.

"As Justice Thomas noted, those decisions have 'emphasized non-textual arguments' in the service of expanding immunity 'beyond the natural reading of the text’,” the DOJ argued.

One Step Beyond

After endorsing Barr’s recent legislative reform proposal, the department went one step further and said that, rather than reform, a total repeal and rewrite would actually be a better path to "overrule erroneous precedent that has built up around Section 230 over the last 25 years."

"While the department's proposal amends the current statutory text,” Boyd wrote on behalf of the DOJ, “the time also may be ripe for Congress to start from a blank slate to account for the dramatic changes in this industry.”

Although Joe Biden has expressed a desire to reform or repeal Section 230, and some of the legislative reform proposals have bipartisan support, the current attack on Section 230 is a thoroughly partisan effort that escalated this summer when Twitter fact-checked a tweet by Donald Trump.

The next day, Trump issued an unprecedented executive order targeting the main online platforms, and he has continued regularly tweeting “REPEAL SECTION 230" to his base, to the confusion of the majority of people unfamiliar with the extremely complex issues of internet Law.

The language of bills introduced by Lindsey Graham, of statements by the FCC’s Ajit Pai and William Barr and by Justice Thomas’ opinion, all echo that of Trump’s executive order.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More