Revisiting Section 230: Protecting Freedom of Expression Online

CJ Larkin
8 minutes ago
3 min read

What Is Section 230?

Section 230, part of the larger Communications Decency Act of 1996, is one of the foundational laws that govern the modern internet. In simple terms, it protects online platforms from being held legally liable for content posted by users.

Section 230 was created in response to early internet-era legal uncertainty after a 1995 Supreme Court ruling put online platforms in a double bind when it came to hosting and moderating content. If a platform moderated content, it risked being treated as legally responsible for everything users posted. If it didn’t moderate at all, it risked becoming a haven for harmful and illegal content.

Through a bipartisan effort, Congress enacted Section 230 to resolve this “moderate and get punished” problem, creating clearer avenues for online content moderation that would facilitate free speech without increasing platforms’ legal liability. With narrow but important exceptions, like intellectual property and certain federal crimes, Section 230 means that platforms typically cannot be sued for the third-party speech they host.

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What’s Happening with Section 230 in 2026?

Section 230 has faced significant criticism since its passage, with critics arguing that it unintentionally shields big tech companies from accountability for harms experienced online. But heading into 2026, the debate has escalated from reform proposals to something far more destabilizing and dangerous - serious efforts to repeal Section 230 outright.

In January 2026, Congressman Jimmy Patronis (R-FL) introduced the “Promoting Responsible Online Technology and Ensuring Consumer Trust (PROTECT) Act,” which would completely repeal Section 230 in response to harms experienced by children in digital spaces. The Senate has also recently seen its own efforts to end Section 230, with Senators Dick Durbin (D-IL) and Lindsey Graham (R-SC) introducing the “Sunset Section 230 Act” in December 2025. While neither of these bills has advanced yet, their introduction signals that Section 230’s future is increasingly uncertain.

This uncertainty matters because Section 230 is not a niche legal rule. It is part of the structural scaffolding that determines how online speech is both hosted and protected.

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Why Does This Matter for the LGBTQ+ Community?

At a time when attacks and restrictions against the LGBTQ+ community are intensifying in physical spaces, digital platforms have become essential safe havens and lifelines. Section 230 helps make these spaces possible.

If Section 230 were repealed or dramatically weakened, platforms would not wait to be sued. Many would respond preemptively by tightening moderation rules, restricting what users can post, or removing content categories considered “controversial” or “high-risk.” In a political climate where LGBTQ+ identity and gender-affirming information are increasingly framed as harmful to minors, the chilling effect would be predictable: LGBTQ+ content and resources would be among the first to disappear.

Importantly, Section 230 does not protect only the largest platforms. It protects the broader ecosystem of online intermediaries, including smaller websites, nonprofits, forums, and community-based digital spaces. These are often the places where LGBTQ+ people find support, especially in hostile offline environments.

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Research from our 2025 ctrl + alt + lgbt report found that the LGBTQ+ community is worried about the censorship of their digital content, even with protections like Section 230 already in place. Seventy-eight percent of all respondents expressed concern about the removal or restriction of LGBTQ+ content by social media platforms, with that fear rising to 97% among transgender respondents. Seventy-six percent of all respondents – and 94% of transgender respondents – reported being concerned about losing access to online LGBTQ+ community spaces due to platform policy decisions. Destroying Section 230 will only exacerbate these very real concerns.

In 2026, as Congress revisits Section 230, policymakers must recognize what is at stake: weakening this framework could undermine some of the last remaining spaces where LGBTQ+ people can safely speak, connect, and be seen.