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DOJ Intervenes to Defend Section 230 in Trump’s Facebook Lawsuit

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The Department of Justice (DOJ) on Monday intervened in former President Donald Trump’s lawsuit against Facebook in order to defend the constitutionality of Section 230, a federal statute derided by both Trump and President Joe Biden. The plaintiffs in Trump’s lawsuit filed a constitutional question in July as to the legality of Section 230. The federal court handling the case in Florida certified the question to Attorney General Merrick Garland and in late August ordered the DOJ to decide whether to intervene to defend the legality of the statute. In its filing on Nov. 22, the government noted that the Justice Department “has an unconditional right to intervene to defend the statute” and is intervening “for the limited purpose of defending the constitutionality of Section 230.” The counsel for Facebook and Trump agreed to the DOJ’s intervention, according to the filing (pdf). Section 230 of the Communications Decency Act shields …

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