Many Americans, including me, have had frustrating experiences with content moderation on social media platforms. Andrew Ferguson, the Trump-appointed chairman of the Federal Trade Commission (FTC), wants us to know that such experiences are not just annoying or perplexing; they are "un-American" and "potentially illegal."
Ferguson, who began soliciting complaints about "Big Tech censorship" last week, touts his initiative as a blow against "the tyranny of Big Tech" and "an important step forward in restoring free speech." But like Brendan Carr, the Trump-appointed chairman of the Federal Communications Commission, Ferguson is flexing his regulatory powers in a way that undermines freedom of speech by meddling in private editorial choices.
Last July, the Supreme Court recognized that social media platforms, in deciding which speech to host and how to present it, are performing essentially the same function as newspapers that decide which articles to publish. "Traditional publishers and editors," Justice Elena Kagan wrote in the majority opinion, "select and shape other parties' expression into their own curated speech products," and "we have repeatedly held that laws curtailing their editorial choices must meet the First Amendment's requirements."
