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First Amendment Problems with Using Antitrust Law Against Social Media Platforms’ Content Decisions
The Federal Trade Commission (FTC), in February 2025, launched a request for information seeking public comment about how social media platforms’ “adverse actions” against users and user content may have been “made possible by a lack of competition” and the platforms’ “market dominance.”
The FTC’s use of antitrust law―real or threatened―to change platforms’ content-moderation decisions confronts important First Amendment principles about editorial discretion, compelled speech, manipulation of idea marketplaces, and jawboning.
The First Amendment hurdles weigh heavily against antitrust intervention, especially when coupled with President Donald Trump’s stated desire to shield platforms’ decision-making from government pressure and the independent business incentives that typically motivate platforms to moderate content.
The FTC’s use of antitrust law―real or threatened―to change platforms’ content-moderation decisions confronts important First Amendment principles about editorial discretion, compelled speech, manipulation of idea marketplaces, and jawboning.
The First Amendment hurdles weigh heavily against antitrust intervention, especially when coupled with President Donald Trump’s stated desire to shield platforms’ decision-making from government pressure and the independent business incentives that typically motivate platforms to moderate content.
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