The New Jersey State Bar Association Minorities in the Profession Section’s (MIPS) annual Black History Month high school essay contest yielded dozens of essays from students who wrote about the landmark law that shields social media companies from liability.
Students were asked to submit essays on why Section 230 of the Communications Decency Act of 1996 was originally passed into law; what its impact has been; and whether the law should be changed and, if so, how it should be changed.
The judges winnowed the submissions down to five finalists, whose essays have been excerpted below. A single winning essay was not selected, but the finalists competed in a trivia contest for cash prizes at MIP’s virtual Black History Month celebration, which was held last week.
The event also included a keynote address by Superior Court Judge Avion M. Benjamin; a performance by the Trenton High School Orchestra; and a virtual art show featuring the work of Black New Jersey artist Anthony Gartmond, a retired Essex County assistant prosecutor.
The following is a sampling from the finalists’ essays.
Adam Bauhs
Pingry School, Basking Ridge
“As social media has woven itself into the lives of practically every American, many blame tech companies for taking advantage of their freedom with negligent, reckless and irresponsible behavior. In a modern context, the amount of freedom we give tech companies feels absurd considering their monumental power: They take no responsibility for anything posted on their sites while at the same time wielding complete power to silence or amplify anybody they want. Section 230 was a landmark law that was a great idea in its time and helped establish the internet as we know it; however, it must be reexamined given the massive changes that have occurred since its inception.”
Sharmaine Jimenez
East Brunswick High School, East Brunswick
“Section 230 is the most defining piece of internet legislation, and a change would throw off balance between two unsavory opposites. Social media is a new form of communication, and like any innovation, there will be new challenges, but Section 230 is too critical to the existence of social media to amend. Instead, we should remember that these websites are private businesses and use our online voice to declare what behavior we will tolerate as consumers.”
Isabelle Embden
Kent Place School, Summit
“The law is struggling to keep up with the constant evolution of technology. There has been extensive growth in the tech industry since 1996, a time where the internet was not available in the palm of one’s hand. The act states that platforms cannot be held liable as long as they use “good faith” in their decisions and efforts toward restricting content. The “good faith” requirement needs to be heightened to protect viewers from cyberstalking, harassment, fake news, violence and other issues.”
Matthew Lee
East Brunswick High School, East Brunswick
“The initial purpose of Section 230 was to protect online companies from liability regarding what their users posted, and to protect any moderation efforts. Consequently, Section 230 protects freedom of expression on the internet by allowing sites to host content regardless of how controversial it may be.”
Sanjana Bandi
Middlesex County Academy for Science, Mathematics, and Engineering Technology, Edison
“The internet is an intricate web of worldwide communities, woven together by content created and shared by people of all backgrounds. Online communities can be unpredictable and difficult to control, but those are the qualities that allow them to flourish. People interact in different ways— this can often be chaotic and irritating, but it is also illuminating and informative, and that is simply how free speech exists. The internet can function this way due to Section 230 of the Communications Decency Act.”