In two new blogs, “The FTC’s Doublethink Confuses Content Moderation, Censorship, and Expression” and “Content Moderation, Competition, and Claims of Social Media Censorship,” David Inserra and Jennifer Huddleston critically analyze the Federal Trade Commission’s (FTC) recent inquiries into content moderation and censorship on social media platforms.

Inserra argues that the FTC’s framing of content moderation as censorship is fundamentally flawed, stating, “When they choose to remove, demote, fact-check, or otherwise moderate content, companies are exercising their First Amendment.” He emphasizes that “the editorial decision of a bookstore to carry some books and not carry others is an essential use of free expression.”

Huddleston counters this by highlighting the potential misuse of antitrust enforcement regarding content moderation, asserting that “antitrust enforcement and competition policy are powerful tools that can result in significant government intrusion into a market.” She warns that this approach “risks removing the important, consumer-focused objective standard” and may not resolve content moderation concerns.

Together, their insights highlight the complexities of balancing free expression, competition, and governmental oversight in the digital age.

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