Section 230 and Online Speech: Understanding Your Rights in Harassment, Defamation, or Discrimination Cases (2025)

The internet has changed the way we connect, speak, and share. But it’s also changed how people can hurt each other — through online harassment, defamation, or discriminatory content.

If you've been the target of harmful behavior online, you may wonder: Can I take legal action? Can the platform be held responsible? What are my rights?

This guide breaks down Section 230 of the Communications Decency Act and how it affects your ability to seek justice — especially if you’re considering working with a civil rights attorney.

What Section 230 Actually Says

Section 230(c)(1) of the Communications Decency Act states:

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

In simpler terms: Websites like Facebook, Reddit, or Twitter are not legally responsible for what other people post on their platforms.

This rule applies even if those platforms know the post is harmful or offensive. It’s very different from copyright law, where websites are required to act if someone reports stolen content. Section 230 doesn’t require platforms to remove anything — even if they know it’s causing harm.

Sharing content online can feel harmless — but what are the legal risks?

So What Does That Mean for You?

If you’re facing harassment, stalking, discrimination, or defamation online, the platform probably can’t be sued — but the person responsible for the content can be.

Let’s break down how this applies to your situation:

1. Online Harassment & Stalking

If someone is targeting you with abusive posts, threatening messages, or repeated online harassment — it’s natural to want the platform to take responsibility for not removing the content.

But under Section 230, the platform is likely protected.That doesn’t mean you're out of options.

The individual who is harassing you can still be sued under state harassment laws, intentional infliction of emotional distress, or federal civil rights protections — especially if the harassment is tied to your race, religion, gender, or other protected status.

2. Defamation Online

If someone is posting lies about you online, hurting your reputation, or accusing you of things you didn’t do — that’s defamation. Section 230 doesn’t stop you from filing a defamation lawsuit.

You can still take legal action against the person who created the post.

Sometimes these individuals hide behind anonymous usernames, but a skilled attorney can use subpoenas and legal procedures to uncover their identity and hold them accountable — even across state lines.

3. Discrimination and Hate Speech

You may see hateful or discriminatory content online and feel helpless. Section 230 protects platforms from being sued for hosting that content — even if it's deeply offensive.

But there’s a difference between hosting harmful content and actively discriminating.

If a platform’s own algorithms or policies are suppressing your voice, targeting your group unfairly, or treating your content differently, it might open the door to a civil rights case against the platform itself — not just the individual users.

If You’re in Texas, Know This

Texas has tried to pass laws like HB 20 that would stop platforms from blocking users based on political views. But those laws are still in legal battles, and it’s unclear if they’ll hold up under the First Amendment.

Also important: Texas has one of the strongest Anti-SLAPP laws (the TCPA), which can affect how online speech cases play out. It’s designed to protect free speech — but it can also impact your ability to bring certain lawsuits if not handled properly.

That’s why working with an experienced civil rights attorney is critical if you're in Texas.

What Most People Get Wrong About Section 230

There are a few common misunderstandings that can keep people from taking action:

• ❌ “The platform is acting like a publisher, so I can sue them.”

  
  

  Even if a platform moderates content or uses algorithms, courts still say they’re protected under Section 230.

• ❌ “Section 230 protects anyone who posts online.”

  
  

  No — it protects the platforms. You’re still responsible for what you say. And others are still responsible for what they post about you.

• ❌ “Intent doesn’t matter.”

  
  

  Platforms are protected even if they knowingly leave up harmful content. But intent matters greatly when it comes to the person who created the content. If they acted maliciously or knew the content was false or harmful, that strengthens your case.

A step-by-step look at how to respond if you’ve been harmed online, from evidence gathering to legal action.

What You Can Do If You’ve Been Harmed Online

Here’s how to start protecting yourself — and possibly build a legal case:

✅ 1. Focus on the Real Offenders

The person who created the content is the one you can go after. Platforms are usually off-limits, but the individuals aren’t.

✅ 2. Gather Evidence

Take screenshots. Record dates and usernames. Save everything — this can be vital later.

✅ 3. Work with a Civil Rights Attorney

A qualified attorney can:

• Subpoena platforms to identify anonymous harassers.

• Use harassment, defamation, and discrimination laws to build a case.

• Help request restraining orders or other court protections.

✅ 4. Leverage Platform Policies

Even if you can’t sue the platform, if they violated their own terms of service or allowed harm to spread despite their policies, that could strengthen a case against the individual or support other legal strategies.

Is the Law Changing?

Section 230 is under debate more than ever. Some lawmakers want to repeal or reform it — especially in cases involving:

• Algorithmic promotion of harmful content

• Discrimination or suppression of marginalized voices

But any big changes will face First Amendment challenges, so for now, the law remains mostly intact.

Final Takeaway: You’re Not Powerless

Even if you can’t sue the platform, that doesn’t mean you’re stuck. Section 230 simply means your fight needs to be focused in the right direction.

✅ You can still hold individuals accountable.✅ You can still use existing civil rights laws.✅ And with the right legal help, you can take action and protect your name, your safety, and your future.

Need Help?

If you’re facing online harm, don’t try to navigate this alone. Grable Law helps clients navigate complex issues like online harassment, defamation, and discrimination with clarity and confidence.

Reach out today to speak with a civil rights attorney who knows how to work within the law—and who will fight for your rights in the digital world.