Defending the First Amendment in the Age of Platform Censorship
The First Amendment guarantees freedom of speech, but in the digital age, that freedom is increasingly under threat—not from government censors, but from private tech platforms that have become de facto gatekeepers of public discourse.
Major social media companies like Twitter (X), Facebook, and YouTube now determine what views can be expressed, who can speak, and what ideas are “permissible.” Though private, these companies wield immense power over speech—often in coordination with government bodies, raising serious constitutional concerns.
In Murthy v. Missouri, courts began to examine how state actors and tech platforms may be engaged in unlawful censorship-by-proxy. When government officials pressure or partner with platforms to silence dissenting viewpoints—particularly on elections, COVID-19, or social policy—it arguably violates the First Amendment's protections against state censorship.
We advocate for a robust application of constitutional principles: if the government cannot censor you directly, it should not be allowed to outsource that censorship to corporations. Congress and the courts must establish clearer limits on government involvement in content moderation and protect citizens' right to free expression in digital forums that serve as the new public square.
Failing to address this erosion risks allowing ideological orthodoxy to dominate online dialogue—and silencing the very dissent that drives democratic accountability.