Private or State Action? – Section 230’s Achilles’ Heel

In April of 2022, I filed what may potentially be one of the most important lawsuits in modern history… that you’ve never even heard of. Why? Likely because we’ve discovered Section 230’s Achilles’ heel. Section 230 is state action (statutory agent authority) laundered through a private entity’s first amendment rights.

There is intense debate over whether tech companies are acting as private entities or as state actors. Recent revelations include those made by Missouri AG Eric Schmitt about the White House’s influence on Big Tech, Congress’ letter to Gab, and Mark Zuckerberg’s own public admission that the FBI personally asked Mark to suppress the Hunter Biden laptop story (which later proved true) as “Russian disinformation”. These examples all make clear that government authorities are influencing a private entity’s online moderation decisions and actions.

But what if I told you that these private companies have been engaged in state action all along, without their even knowing it, and there is proof in the statute itself? What if I told you, that we’re already challenging Section 230’s constitutionality in court, and most of the world is completely unaware? Wouldn’t that be significant to you? It’s probably significant to everyone that uses the internet.