Communications of the ACM
Beyond the Editorial Analogy: The Future of the First Amendment on the Internet
Credit: Andrij Borys Associates, Shutterstock
The First Amendment to the U.S. Constitution prohibits the government, but not private actors, from "abridging the freedom of speech." State governments have enacted legislation that would compel the large social media platforms to follow First Amendment-style rules. Later this year the Supreme Court will decide if such laws violate platforms' own First Amendment rights to decide what content to host. The Court should strike down the challenged laws, but it should also recognize that the government has a strong interest in promoting access to private platforms. The future of free expression on the Internet may well depend on it.
The Laws and Lawsuits
In 2021, Texas and Florida enacted statutes that limit how social media platforms can moderate or otherwise restrict user speech. The Texas law forbids platforms from "discriminating" based on viewpoint when they "censor" users or content—for example by suspending an account or reducing a post's visibility to other users.a
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