Trump FTC Investigates Tech Platform Censorship

FTC Investigates Potential Censorship by Tech Platforms

The Federal Trade Commission (FTC) declared on Thursday its intention to initiate a public review concerning alleged “censorship by tech platforms.” The agency is requesting feedback from individuals who believe they have experienced demonetization, account suspension, or other forms of censorship related to their expressed views or associations.

Concerns Over Platform Practices

FTC Chairman Andrew Ferguson stated that tech companies “should not be bullying their users.” He further explained that this inquiry is designed to help the FTC gain a clearer understanding of whether these firms have potentially broken the law by suppressing or intimidating Americans for voicing their opinions.

The FTC’s call for public comments does not currently detail which specific laws the agency believes platforms might be violating.

Anti-Competitive Implications

However, the regulator suggests that certain platform policies – those that can result in creators losing account access without a clear appeals process – could be considered anti-competitive in nature.

Content creators have consistently voiced concerns about the lack of transparency in their relationships with major tech platforms. New businesses have even been founded to offer creators insurance against account compromises, which can lead to significant financial losses.

The focus on content creators by the FTC may serve as a diversion, particularly given the current trend of social media leaders like Mark Zuckerberg and Elon Musk easing restrictions on potentially harmful speech and re-evaluating the connection between content moderation and First Amendment rights.

First Amendment Considerations

Cathy Gellis, a legal professional specializing in technology and free speech, shared with TechCrunch that the inquiry appears to misunderstand the scope of the First Amendment.

While the First Amendment prevents the government from restricting individual speech, it does not apply to private entities, such as the majority of online tech platforms.

“Most internet platforms operate as private actors and, as such, possess their own First Amendment rights to manage their sites as they see fit,” Gellis explained. “It is arguably this FTC inquiry, as an action by a governmental body, that poses a threat to the First Amendment by attempting to interfere with the editorial autonomy to which internet platforms are entitled.”

Section 230 and Platform Liability

Section 230 of the Communications Decency Act provides legal protection to online platforms, shielding them from liability for content posted by users.

The Supreme Court has recently considered challenges to this legislation, originally enacted in 1996 before the rise of modern social media. Despite multiple legal challenges, the court has consistently upheld Section 230.

Differing Views on Content Moderation

While Zuckerberg and Musk have referenced the First Amendment as justification for loosening content moderation and fact-checking standards, Snap CEO Evan Spiegel contends that his counterparts are misinterpreting the amendment.

“Many platforms are asserting that, because they support the First Amendment, anyone on their platform should be free to express any opinion, but this is a misunderstanding of the First Amendment’s function,” Spiegel stated in a recent interview. “A platform is actually permitted to establish whatever content guidelines or policies it chooses under the First Amendment. I believe there has been some misdirection, likely because moderating content can lead to decreased user engagement.”

Potential White House Influence

On Wednesday, President Trump issued an executive order making independent regulatory agencies, including the SEC and FTC, accountable to the White House. This action could potentially influence the ongoing inquiry.

However, legal experts have expressed skepticism regarding the constitutionality of this presidential decree.