The Government Can't Fix Social Media Moderation and Should Not Try

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Posted: Sep 21, 2022 12:01 AM

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Despite their increasingly bitter differences, Democrats and Republicans generally agree that content moderation by social media companies is haphazard at best. But while Democrats tend to think the main problem is too much speech of the wrong sort, Republicans complain that platforms like Facebook, Twitter and YouTube are biased against them.

The government cannot resolve this dispute and should not try. Siding with the critics who complain about online “misinformation” poses an obvious threat to free inquiry and open debate. And while attempting to mandate evenhandedness might seem more consistent with those values, it undermines the freedoms guaranteed by the First Amendment in a more subtle but equally troubling way.

Under a Texas law that the U.S. Court of Appeals for the 5th Circuit declined to block last week, the leading social media platforms are forbidden to discriminate against users or messages based on “viewpoint.” The “censorship” that Texas has banned includes not just outright removal of content and cancellation of accounts but

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