Excerpt:
It’s extremely difficult to square this ruling with the text of Section 3 [of the Fourteenth Amendment]. The language is clearly mandatory. The first words are “No person shall be” a member of Congress or a state or federal officer if that person has engaged in insurrection or rebellion or provided aid or comfort to the enemies of the Constitution. The Section then says, “But Congress may by a vote of two-thirds of each house, remove such disability.”
In other words, the Constitution imposes the disability, and only a supermajority of Congress can remove it. But under the Supreme Court’s reasoning, the meaning is inverted: The Constitution merely allows Congress to impose the disability, and if Congress chooses not to enact legislation enforcing the section, then the disability does not exist. The Supreme Court has effectively replaced a very high bar for allowing insurrectionists into federal office — a supermajority vote by Congress — with the lowest bar imaginable: congressional inaction.
This is a fairly easy read for the legal layperson, and the best general overview I’ve seen yet that sets forth the various legal and constitutional factors involved in today’s decision, including the concurring dissent by Justices Kagan, Sotomayor, and Jackson.
Please, anyone who reads this, stop posting links to the mobile version of Wikipedia. It doesn’t switch automatically on PC, and I see it happen all the time. Just take the half a second to remove the “.m” from the beginning of the link, save everyone else from the pain of having to be surprised by it and taking the time to do it themselves.
As far as section 230 goes, that is by far the least problematic, and take note how the vast majority of efforts to remove it come from conservatives who appear to me to be annoyed that their views are being called out as harmful or hateful.
It seems that way but they couldn’t use algorithms the way they do without section 230 to shield them.
And yeah I didn’t realize it was the mobile link. I’ll keep an eye out for that in the future.
Yeah, content algorithms aren’t great, but revoking section 230 isn’t the way to solve that.
I don’t think just repealing it is the answer either. But the way it is written and implemented is absolutely a part of the problem.