Does the First Amendment Apply to Speech on Social Media Platforms?
While ‘none of the precedents fit seamlessly,’ Judge Leslie Southwick says, a social media platform’s right to curate content is analogous to ‘the right of newspapers to control what they do and do not print.’
Social media companies argue that their content moderation decisions are a form of editorial discretion protected by the First Amendment. Conservative critics of those companies reject that argument, even as they complain that the platforms’ decisions reflect a progressive agenda.
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