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We Shouldn’t Have To Explain To The FTC Why Content Moderation Is So Crucial To Free Speech, But We Did
FTC Chair Andrew Ferguson begged Donald Trump for his job by promising he would “end Lina Khan’s politically motivated investigations.” And, yet, one of his first orders of business upon getting th…
First, as the Supreme Court recently affirmed in Moody v. NetChoice, government scrutiny of platform moderation decisions directly violates First Amendment protections of private editorial discretion. The premise of investigating “censorship” ignores this surfeit of options in how we communicate, where we’ve moved away from a world of gatekeepers who limit speech to one of intermediaries who enable it, and indeed threatens to reverse that important, speech-fostering progress. In short, it would be a disaster for speech, and lead to an information environment significantly more censorial than the world we currently live in where a private company can freely choose to enforce its own rules as makes the most sense for it.
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