A new bill would open up platforms like YouTube and Facebook to lawsuits about content they host, unless federal regulators certified that their moderation of content was not "biased against a political party, political candidate, or political viewpoint."

Why it matters: This would be the most ambitious effort yet to limit platforms' longstanding protection from liability for user content they host (in 2017, Congress allowed lawsuits over sex trafficking). It also represents an escalation by conservatives who have claimed, with only anecdotal evidence, that Silicon Valley companies are suppressing their views.

The details:

  • The Ending Support for Internet Censorship Act, introduced by Sen. Josh Hawley (R-Mo.), would strip large web companies of the immunity against lawsuits they are automatically granted under Section 230 of the 1996 Communications Decency Act.
  • They would continue to be immune from legal liability, but only if the Federal Trade Commission verified they were moderating content in a way that was politically neutral.
  • That certification would only last for two years, but could be renewed. The law would only apply to companies over a certain threshold of monthly active users or revenues — smaller firms will remain immune.

Yes, but: Claims of systemic, intentional liberal bias at online platforms manifesting itself in their products have never been backed up by research or deep reporting.

  • Any attempt to change Section 230, seen as a foundational aspect of the internet economy, will be met with stiff pushback from major tech companies and their allies.
  • "Lawmakers should reject this legislation," said Billy Easley in a statement from Americans for Prosperity, where he is a policy analyst. The organization, an arm of the Koch political network, has resisted calls to harshly regulate tech firms.

Go deeper: A new attack on social platforms' immunity under Section 230

Go deeper

Amy Coney Barrett's immediate impact

Illustration: Eniola Odetunde/Axios

In her first week on the job, Amy Coney Barrett may be deciding which votes to count in the presidential election. By her third week, she’ll be deciding the fate of the Affordable Care Act.

Where it stands: The Senate votes on Barrett’s nomination tomorrow. If she’s confirmed, Chief Justice John Roberts is expected to swear her in at the Supreme Court within hours, an administration official tells Axios.

Texas Democrats beg Biden to spend now

Photo: Ron Jenkins/Getty Images

The Biden campaign is rebuffing persistent pleas from Texas Democrats to spend at least $10 million in the Lone Star state, several people familiar with the talks tell Axios.

Why it matters: If Texas — which has 38 electoral votes and is steadily getting more blue, but hasn't backed a Democrat for president since 1976 — flipped to the Biden column, it would be game over. But the RealClearPolitics polling average stubbornly hovers at +2.6 for Trump — and Team Biden appears more focused on closer targets.

2 hours ago - Politics & Policy

Election night in Trumpworld

Photo illustration: Aïda Amer/Axios. Photo: Chris Carlson-Pool/Getty Images

A luxe election-night watch party at the Trump International Hotel on Pennsylvania Avenue is being planned for President Trump's donors, friends and advisers — but Trump's hand in it is minimal because he's "very superstitious" — people familiar with the plans tell Axios.

The big picture: This "mecca for all things MAGA," as one adviser described it, is one of three hubs where they say Trumpworld will watch returns. The others are the war room at campaign HQ in Rosslyn, Virginia, and the White House residence, where Trump and the first lady will gather close family and advisers before heading to the hotel later that night, the sources said.