Calls to regulate social media platforms abound on both sides of the political spectrum. Some want to prevent platforms from deplatforming users or moderating content, while others want them to deplatform more users and moderate more content. Both types of regulation will draw First Amendment challenges. As Justices Thomas and Alito have observed, applying settled First Amendment doctrine to emerging regulation of social media platforms presents significant analytical challenges.
Shaun B. Spencer,
The First Amendment and the Regulation of Speech Intermediaries,
106 Marq. L. Rev. 1
Available at: https://scholarship.law.marquette.edu/mulr/vol106/iss1/2