Today is the deadline for public comments regarding a "public inquiry" by the Federal Trade Commission (FTC) into the "potentially illegal" content moderation practices of social media platforms. As many of those comments note, that investigation impinges on the editorial discretion that the U.S. Supreme Court has repeatedly said is protected by the First Amendment.
"Tech firms should not be bullying their users," FTC Chairman Andrew Ferguson said when the agency launched its probe in February. "This inquiry will help the FTC better understand how these firms may have violated the law by silencing and intimidating Americans for speaking their minds."
Ferguson touts his investigation as a blow against "the tyranny of Big Tech" and "an important step forward in restoring free speech." His chief complaint is that "Big Tech censorship" discriminates against Republicans and conservatives. But even if that were true, there would be nothing inherently illegal about it.
