Relying on the case law is much more expensive than relying on the US Code, since 230 allows to immediately go for the summary judgement, even if somebody still files a civil case. So the then smaller ISPs lobbied for that.
The moderation clause was historically added because at that time, the failed CDA (Communication Decency Act) was likely to pass (later partially struck down by the Supreme Court). so the COngress added it as the implementation mechanism for the CDA. When the CDA was weakened, the moderation language was still left in 230.
These latest chilling developments make me think it's better to revert to case law.
The moderation clause was historically added because at that time, the failed CDA (Communication Decency Act) was likely to pass (later partially struck down by the Supreme Court). so the COngress added it as the implementation mechanism for the CDA. When the CDA was weakened, the moderation language was still left in 230.
These latest chilling developments make me think it's better to revert to case law.