FTC Launches Inquiry into Tech Platform Censorship, Raising Free Speech Concerns

Alexis Rowe

Alexis Rowe

February 20, 2025 · 3 min read
FTC Launches Inquiry into Tech Platform Censorship, Raising Free Speech Concerns

The Federal Trade Commission (FTC) has announced a public inquiry into "censorship by tech platforms," inviting comments from individuals who feel they have been unfairly targeted, demonetized, or banned due to their speech or affiliations. This move has sparked a heated debate on free speech, online moderation, and the role of tech giants in regulating user content.

According to FTC Chairman Andrew Ferguson, the inquiry aims to investigate whether tech firms have violated laws by silencing and intimidating Americans for speaking their minds. While the FTC's request for public comment does not specify which laws may have been violated, the regulator suggests that these policies could be deemed anti-competitive.

The inquiry has raised concerns among experts, who argue that the FTC may be misinterpreting the purview of the First Amendment. Cathy Gellis, a lawyer specializing in technology and free speech, notes that the First Amendment restricts government interference in individuals' speech, but does not limit private actors like online tech platforms. "In most cases, internet platforms are private actors, which have their own First Amendment rights to moderate their sites as they would choose," Gellis explained.

The debate surrounding online content moderation has intensified in recent months, with social media executives like Mark Zuckerberg and Elon Musk loosening restrictions on hate speech and questioning the relationship between content moderation and the First Amendment. However, Snap CEO Evan Spiegel has cautioned that his peers may be misunderstanding the First Amendment, which allows platforms to choose their own content guidelines and policies.

The FTC's inquiry also raises questions about the role of Section 230 of the Communications Decency Act, which protects online platforms from liability for illegal content posted by individuals. While the Supreme Court has upheld Section 230 after multiple legal challenges, its future remains uncertain.

In a related development, President Trump signed an executive order on Wednesday making independent regulators, like the SEC and FTC, accountable to the White House. Experts have expressed skepticism about the constitutionality of Trump's decree, which could impact the FTC's inquiry.

The FTC's inquiry into tech platform censorship has far-reaching implications for the tech industry, free speech advocates, and online creators. As the regulator begins to collect public comments, it remains to be seen how this inquiry will shape the future of online content moderation and the balance between free speech and platform responsibility.

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