You may have heard last week that actor Joseph Gordon-Levitt went to Washington DC and gave a short speech at an event put on by Senator Dick Durbin calling for the sunsetting of Section 230. It’s a short speech, and it gets almost everything wrong about Section 230. Watch it here:

Let me first say that, while I’m sure some will rush to jump in and say “oh, it’s just some Hollywood actor guy, jumping into something he doesn’t understand,” I actually think that’s a little unfair about JGL. Very early on he started his own (very interesting, very creative) user-generated content platform called HitRecord, and over the years I’ve followed many of his takes on copyright and internet policy and while I don’t always agree, I do believe that he does legitimately take this stuff seriously and actually wants to understand the nuances (unlike some).

But it appears he’s fallen for some not just bad advice, but blatantly incorrect advice about this. He’s also posted a followup video where he claims to explain his position in more detail, but it only makes things worse, because it compounds the blatant factual errors that underpin his entire argument.

First let’s look at the major problems with his speech in DC:

So I understand what Section 230 did to bring about the birth of the internet. That was 30 years ago. And I also understand how the internet has changed since then because back then message boards and other websites with user-generated content, they really were more like telephone carriers. They were neutral platforms. That’s not how things work anymore.

So, that’s literally incorrect. If JGL is really interested in the actual history here, I did a whole podcast series where I spoke to the people behind Section 230, including those involved in the early internet and the various lawsuits at the time.

Section 230 was never meant for “neutral” websites. As the authors (and the text of the law itself!) make clear: it was created so that websites did not need to be neutral. It literally was written in response to the Stratton Oakmont v. Prodigy case (for JGL’s benefit: Stratton Oakmont is the company portrayed in Wolf of Wall Street), where the boiler room operation sued Prodigy because someone posted in their forums claims about how sketchy Stratton Oakmont was (which, you know, was true).

But Stratton sued, and the judge said that because Prodigy moderated, that because they wanted to have a family friendly site, that is because they were not neutral, they were liable for anything they decided to leave up. In the judge’s ruling he effectively said “because you’re not neutral, and because you moderate, you are effectively endorsing this content, and thus if it’s defamatory you’re liable for defamation.”

Section 230 (originally the “Internet Freedom and Family Empowerment Act”) was never about protecting platforms for being neutral. It was literally the opposite of that. It was about making sure that platforms felt comfortable making editorial decisions. It was about letting companies decide what to share, what not to share, what to amplify, and what not to amplify, without being held liable as a publisher of that content.

This is important, but it’s a point that a bunch of bad faith people, starting with Ted Cruz, have been lying about for about a decade, pretending that the intent of 230 was to protect sites that are “neutral.” It’s literally the opposite of that. And it’s disappointing that JGL would repeat this myth as if it’s fact. Courts have said this explicitly—I’ll get to the Ninth Circuit’s Barnes decision later, where the court said Section 230’s entire purpose is to protect companies because they act as publishers—but first, let’s go through the rest of what JGL got wrong.