The second was that without new legislation, the law perversely penalized content moderation. Under the old rules of publisher liability, only an “anything goes” approach would protect a website from legal responsibility for user-created content. Prohibiting bullying, swearing, harassment, and threats of violence could be legally disastrous for any site. It was clear, then as now, that if the law were to encourage such a hands-off approach, the internet would turn into a cesspool.

It’s important to remember this history when evaluating the merits of sunsetting Section 230, as the House proposal intends. According to the bill’s text, if Congress can’t agree on a successor to Section 230 by Dec. 31, 2025, websites from Yahoo and Etsy to the local restaurant hosting customer reviews will become liable for every syllable posted on the site by a user or troll. A single post can generate claims that run into the millions of dollars.

Reverting to this pre-Section 230 status quo would dramatically alter, and imperil, the online world. Most platforms don’t charge users for access to their sites. In the brave new world of unlimited liability, will a website decide that carrying user-created content free of charge isn’t worth the risk? If so, the era of consumer freedom to both publish and view web content will come to a screeching halt.