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Blackburn Eyes Section 230

After Light Dem Turnout at Cruz Hearing, Hirono Calls Bias Claims ‘Sham’

Only two Democrats took the opportunity to question Facebook and Twitter at a recent hearing on Silicon Valley’s alleged anti-conservative political bias (see 1904100072). Senate Constitution Subcommittee ranking member Mazie Hirono, D-Hawaii, told us her colleagues weren’t necessarily sending a message they rejected the premise by not attending, though she considers the issue a “sham.”

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The only Democrat other than Hirono to question the tech companies was Sen. Richard Blumenthal of Connecticut, who isn't a member of the subcommittee, which is chaired by Sen. Ted Cruz, R-Texas, one of the most vocal lawmakers on alleged anti-conservative bias.

Hirono declined to comment on her colleagues’ motives but said “needless to say, they had other things to do.” Sen. Chris Coons, D-Del., said he didn’t know anything about the hearing: “There’s like five subcommittees at Judiciary. I had three hearings.” Sen. Sheldon Whitehouse, D-R.I., was also dismissive, saying simply, “I didn’t go.” Like Coons, Blumenthal noted there were multiple hearings that day: “I know I had a difficult time being there, so a lot of us were pressed for time. I don’t know what their thinking was.” Democrats like House Judiciary Committee Chairman Jerry Nadler, D-N.Y., blasted anti-GOP claims as nonsense (see 1812030044).

Sen. Josh Hawley, R-Mo., told us he was “a little surprised” by the lack of Democratic participation, given concern for other tech issues. He also was surprised Hirono seemed to argue in “defense” of the tech platforms during her first round of questions: “She expressed a different view than many of her Democratic colleagues hold. I’ve heard a lot of concern from the Democratic side of the aisle, usually for slightly different reasons than Republicans.” He noted Hirono’s second round of questions was critical of tech response to the recent New Zealand mass shooting.

Hirono said she has “complaints” about big tech, but “so-called bias against conservative thought is such B.S.” Half-baked political conspiracy theories run rampant on the platforms, she said: “It’s very clear that the algorithms don’t just ferret out people who are Republicans or Democrats because that’s not how it works.”

Sen. Marsha Blackburn, R-Tenn., urged all members of the subcommittee to be engaged, “to show up and become conversed in all of these issues. I think it’s important.” Altering Section 230 of the Communications Decency Act to address anti-conservative bias is “worthy of discussion,” she said. Section 230, which comes up often in content moderation conversations, protects platforms from certain liabilities for the content they host.

Having government break up companies that are too powerful isn’t the answer to free speech issues, Tim Phillips, president of Koch brothers-backed Americans for Prosperity, told Fox News. “It sends a terrible message to other companies and entrepreneurs trying to make that next great product.” His comments echo recent remarks from FCC Commissioner Brendan Carr, who argued against government policing of online speech issues (see 1904040079).