Techdirt The FTC's Quixotic Social Media Inquiry
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Jun 3, 2025 Corbin Barthold, host of the Tech Policy Podcast, and Santana Boulton, a legal fellow specializing in tech policy, dive deep into the FTC's investigation of social media censorship. They dissect the evolving landscape of content moderation, especially as it influences free speech, highlighting contradictions in conservative narratives. The duo navigates the complexities of defining hate speech and balancing community values, while also questioning the intersection of content moderation and antitrust issues. Their insights reveal the intricate dance between government influence and online discourse.
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FTC's Misguided Social Media Inquiry
- The FTC sees social media censorship as illegal and seeks to investigate it under Section 5 authority.
- Yet, content moderation is competitive, protected by the First Amendment, and a service differentiator, making FTC's inquiry misplaced.
Content Moderation Is Free Speech
- The Supreme Court confirmed content moderation is a First Amendment activity.
- Despite this, the FTC and others continue to challenge moderation policies as if the battle is not settled.
Social Media Moderation Shifted Right
- Changes in social media platform leadership shifted moderation toward right-leaning policies.
- Claims of systemic censorship against conservatives have become outdated given this shift in control.