The First Amendment Protects Everyone, Even Facebook and Twitter – Reason
The last few years have seen a flurry of efforts from both right and left to regulate how social media platforms police their users. These laws and proposed laws have raised a key constitutional question: Is a platform's power to moderate user-created content protected by the First Amendment?
So far, courts have consistently held that platforms do have such protection. A critical case to be decided by the Eleventh Circuit in the new year will be the most important yet to address that question.
The law at issue is Florida's SB 7072, a sweeping measure ostensibly enacted to stop censorship by big tech. SB 7072 forces platforms to host all content from registered political candidates and "journalistic enterprises," even if that content would violate the platforms' terms of service. The law also imposes a consistency provision, which forces a platform to take down (or leave up) content if a judge rules that the platform has previously taken down (or left up) similar content. The law imposes penalties of up to $250,000 for each instance of noncompliance.
Florida Republicans argue that their "freedom of speech as conservatives is under attack by the 'big tech' oligarchs in Silicon Valley" and that SB 7072 "is about the 22 million Floridians and their First Amendment rights." By calling the bill a defense of free speech and by calling the platforms' content moderation "censorship," these supporters obscure the critical fact that editorial choices by private actors are categorically different from the abridgement of free speech by the state.
This distinction is crucial because the government is, and always will be, a monopoly; when it bans speech, citizens have no recourse. Private speech platforms, by contrast, have competition. Whether they are new social media companies or traditional newspapers, these platforms can only decide what speech they host and present. Those unsatisfied with their choices can choose to read or contribute elsewhere.
That difference is why the Supreme Court unanimously struck down a similar Florida law in 1974. By compelling newspapers to run editorials written by politicians they had criticized, the high court explained, the law infringed the papers' editorial right to choose what speech they print. Private citizens have the right to respond to criticism, but not the right to force others to host their speech.
So when Florida argued nearly 50 years later that SB 7072 is on the side of free speech, a federal district court correctly and unsurprisingly deemed those arguments "wholly at odds with accepted constitutional principles."
Florida nonetheless claims that social media platforms are not protected by these traditional First Amendment principles. The state argues that a social media site does not present a sufficiently "unified speech product" and that platforms have not engaged in enough content moderation in the past to merit a right to do so in the future. But as explained in a recently filed amicus curiae brief on behalf of the Cato Institute (which one of us co-wrote), the First Amendment's protections are not contingent on either of these criteria.
Private actors have a First Amendment right to choose what they say, what speech they host, and how they arrange it, regardless of the coherence of the speech they host or the extent to which they have edited that speech in the past.The First Amendment protects the editorial rights of all platforms, not just a privileged class of institutional media that have already engaged in heavy content moderation.
When he signed 7072, Florida Gov. Ron DeSantis likened social media platforms' content moderation to the "tyrannical behavior" of Fidel Castro and Hugo Chavez. If DeSantis is really concerned about free speech and authoritarianism, he should think twice before giving the government more control over private communications platforms.
See the rest here:
The First Amendment Protects Everyone, Even Facebook and Twitter - Reason
- EDITORIAL: Misusing the First Amendment Will Catch Up With Us - Adventist Today - November 1st, 2026 [November 1st, 2026]
- Judge Throws Out Trump's Epstein Lawsuit Against Wall Street Journal in Brutal First Amendment Rebuke - MeidasTouch News - November 1st, 2026 [November 1st, 2026]
- Execution secrecy tests the public's First Amendment rights - USA Today - November 1st, 2026 [November 1st, 2026]
- OPINION: Is the First Amendment limited by faith? - Moscow-Pullman Daily News - November 1st, 2026 [November 1st, 2026]
- Conservative political activist Riley Gaines slammed LeBron for weaponizing the First Amendment to disrespect the flag - Basketball Network - November 1st, 2026 [November 1st, 2026]
- 'Read the First Amendment!' Joe Scarborough starts shouting as GOP 'shreds' Constitution - Raw Story - November 1st, 2026 [November 1st, 2026]
- Ninth Circuit Holds that Californias Captive-Audience Ban Violates the First Amendment - Littler Mendelson P.C. - October 30th, 2026 [October 30th, 2026]
- Watchdog accuses Texas State of 'egregious' First Amendment breach over paid advertisement - San Antonio Current - October 30th, 2026 [October 30th, 2026]
- From Armbands to T-Shirts: Student Speech and the First Amendment - The National Constitution Center - October 30th, 2026 [October 30th, 2026]
- CNN, MS NOW and Politico Ask Court To Make Trump Access Order Permanent - First Amendment Watch - October 30th, 2026 [October 30th, 2026]
- OUR VIEW: The First Amendment keeps you out of jail. It doesnt keep you employed. - Herald-Zeitung - October 30th, 2026 [October 30th, 2026]
- Federal judge hears argument from FIU students involved in alleged racist group chat who say their First Amendment rights were violated - WSVN - October 30th, 2026 [October 30th, 2026]
- 'Have these people READ the First Amendment?' REACTION to GOP leaning into Islamophobic attacks - Modern Ghana - October 30th, 2026 [October 30th, 2026]
- Editorial: A frantic GOP attacks the First Amendment and the truth - Orlando Sentinel - October 24th, 2026 [October 24th, 2026]
- Tom Costello on the First Amendment and the Future of Free Speech - NBCU Academy - October 24th, 2026 [October 24th, 2026]
- To Chill or Not to Chill: The First Amendment Beyond the Presidents Press Room - JURIST News - October 24th, 2026 [October 24th, 2026]
- UMD Athletics agrees to First Amendment training after student journalists questioned by police - The Baltimore Banner - October 24th, 2026 [October 24th, 2026]
- Judge Orders Trump To Sit for a Deposition in His Defamation Lawsuit Against the BBC by Dec. 11 - First Amendment Watch - October 24th, 2026 [October 24th, 2026]
- Florida GOP lawsuit to censor TV stations fails Sunshine State and First Amendment - Freedom of the Press Foundation - October 24th, 2026 [October 24th, 2026]
- A Trump Appointee Says the President Likely Violated the First Amendment by Banishing Disfavored Journalists (opinion) - Yahoo - October 17th, 2026 [October 17th, 2026]
- Journal of Free Speech Law: "How Matal v. Tam Became a First Amendment Case: The Record and the Reality" by Simon Tam - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Judge blocks Trump's White House ban targeting CNN, MS NOW and Politico, saying it likely violated First Amendment - CBS News - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Ipsos - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Knight Foundation - October 17th, 2026 [October 17th, 2026]
- Litigators of the Week: A First Amendment Win for CNN, Politico and MS NOW Against White House Press Ban - Law.com - October 17th, 2026 [October 17th, 2026]
- BBC Asks Judge To Force Trump To Sit for Deposition in His Own Lawsuit Against the Channel - First Amendment Watch - October 17th, 2026 [October 17th, 2026]
- Penn Carey Law hosts discussion on DEI and First Amendment after closing equity office - Campus Reform - October 17th, 2026 [October 17th, 2026]
- Broward Teachers Union president alleges First Amendment violation after meeting removal - WPLG Local 10 - October 17th, 2026 [October 17th, 2026]
- Judge prohibited First Amendment defense in trial over naked Shrek image - Axios - October 17th, 2026 [October 17th, 2026]
- Judge: Trump likely violated First Amendment by banning new outlets from White House - Straight Arrow - October 17th, 2026 [October 17th, 2026]
- A Trump appointee says the president likely violated the First Amendment by banishing disfavored journalists - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Ousted Publisher Says Hegseths Pentagon Ordered Him To Fire Journalists, Made Clear You Have No First Amendment Rights - Mediaite - October 4th, 2026 [October 4th, 2026]
- Letter to the Editor: Trump continues his assaults on the First Amendment - Chico Enterprise-Record - October 4th, 2026 [October 4th, 2026]
- LETTER: Trump and the First Amendment - Las Vegas Review-Journal - October 4th, 2026 [October 4th, 2026]
- The First Amendment at the stadium gate: Who controls speech on a public stage? - Daily Journal - October 4th, 2026 [October 4th, 2026]
- The Trump White House Keeps Treating the First Amendment as More of a Suggestion - Balls and Strikes - October 4th, 2026 [October 4th, 2026]
- OPINION: The First Amendment belongs to all of us - DerbyInformer.com - October 4th, 2026 [October 4th, 2026]
- Why the First Amendment is first - The Tryon Daily Bulletin - October 4th, 2026 [October 4th, 2026]
- An attorney with ties to North Dakota is leading a high-stakes First Amendment battle against Trump - kvrr.com - October 4th, 2026 [October 4th, 2026]
- Ousted Publisher Says Hegseth's Pentagon Ordered Him To Fire Journalists, Made Clear 'You Have No First Amendment Rights' - yahoo.com - October 4th, 2026 [October 4th, 2026]
- Man sues Kingsport, police over 2022 arrest, claims First Amendment rights violation - WJHL - September 24th, 2026 [September 24th, 2026]
- Editorial: Trumps news outlet ban stands in opposition to the First Amendment - The Virginian-Pilot - September 24th, 2026 [September 24th, 2026]
- What is the First Amendment and why did 3 news outlets sue Trump? - nbcmiami.com - September 24th, 2026 [September 24th, 2026]
- Dont you just love the First Amendment! - - Smoky Mountain News - September 24th, 2026 [September 24th, 2026]
- Restoring Judicial Review Under the Freedom of Information Act - | Knight First Amendment Institute - September 24th, 2026 [September 24th, 2026]
- CNN, Politico, MS NOW Sue Trump Administration Over White House Access: First Amendment Analysis - Freedom Forum - September 24th, 2026 [September 24th, 2026]
- 251. Newsgathering, the First Amendment, and the White House - One First | Steve Vladeck | Substack - September 24th, 2026 [September 24th, 2026]
- 5 Ways DHS Agents Intimidated Americans Using Their First Amendment Rights - Common Cause - September 24th, 2026 [September 24th, 2026]
- CNN, MS NOW, Politico Sue Over Denied White House Access, Citing First Amendment - WTTW News - September 24th, 2026 [September 24th, 2026]
- Does the presidents White House media ban violate the First Amendment? Lawyer explains - WATE 6 On Your Side - September 24th, 2026 [September 24th, 2026]
- UWEC Professor teaches about first amendment law amid media outlet ban from White House - WEAU - September 24th, 2026 [September 24th, 2026]
- A record number of Americans think the First Amendment goes too far - WAMU - September 24th, 2026 [September 24th, 2026]
- United States: CNN, MS NOW, and Politico file First Amendment lawsuit over White House access ban - ipi.media - September 24th, 2026 [September 24th, 2026]
- Californias Addictive Feeds Law Violates Teens First Amendment Rights - eff.org - September 24th, 2026 [September 24th, 2026]
- On Constitution Day, is the US fumbling the First Amendment? - nmsuroundup.com - September 24th, 2026 [September 24th, 2026]
- Trump has not beaten the First Amendment, try as he might - The Seattle Times - September 24th, 2026 [September 24th, 2026]
- EDITORIAL: President Violates the First Amendment, Mainstream Publications Get a Taste of What the Black Press Has Long Experienced Exclusion - The... - September 24th, 2026 [September 24th, 2026]
- Student journalist sues University of Texas at Dallas for First Amendment violations - Dallas Observer - September 24th, 2026 [September 24th, 2026]
- Detroit Free Press. . First amendment reporter BrieAnna Frank explains how President Trumps ban on several news outlets from the White House will test... - September 24th, 2026 [September 24th, 2026]
- Opinion | Trumps attacks on the First Amendment go well beyond just freedom of the press - ms.now - September 24th, 2026 [September 24th, 2026]
- The Wolf Came As A Wolf: Trump and the First Amendment - Civil Discourse with Joyce Vance - September 24th, 2026 [September 24th, 2026]
- The First Amendment gives Americans a superpower: Petitioning the government to right wrongs - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- The war on terror weakened the first amendment. Now we desperately need it | Jameel Jaffer - The Guardian - September 13th, 2026 [September 13th, 2026]
- CBS Argues First Amendment Protections in Bid to Dismiss Matlock Writer Lawsuit Over Allegedly Racist Comments - The Hollywood Reporter - September 13th, 2026 [September 13th, 2026]
- Kentucky leads 14-state coalition to SCOTUS on First Amendment rights - Eyewitness News (WEHT/WTVW) - September 13th, 2026 [September 13th, 2026]
- The First at 250: A Conversation on the First Amendment - Knight Foundation - September 13th, 2026 [September 13th, 2026]
- The Forever War and the First Amendment, Thu, Sep 10, 2026, 9am - 5pm - Community Calendar - ABC7 New York - September 13th, 2026 [September 13th, 2026]
- Kid Cudi Says First Amendment Protected Firing M.I.A. From Tour, Wants $2.8 Million Lawsuit Tossed - Law Commentary - September 13th, 2026 [September 13th, 2026]
- Police have dual role in protecting public and First Amendment rights | Op-Ed - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- Democrats obliterated the First Amendment right to assembly: RFK Jr - Yahoo - September 13th, 2026 [September 13th, 2026]
- Trump Cant Call Ballots Mail and Escape the First Amendment - Jurist.org - September 8th, 2026 [September 8th, 2026]
- Judge Refuses To Block Pentagon From Firing Stars and Stripes Staffers Over CBS Interview - First Amendment Watch - September 8th, 2026 [September 8th, 2026]
- Uniform doesnt come with First Amendment waiver - oleantimesherald.com - September 8th, 2026 [September 8th, 2026]
- UW to pay $600,000 to professor after losing First Amendment fight over his parody land acknowledgment - Alaska Story - September 8th, 2026 [September 8th, 2026]
- First Amendment auditor convicted of trespassing at Conn. officers home - Police1 - September 8th, 2026 [September 8th, 2026]
- Labor Day: Brought to You by the First Amendment - Freedom Forum - September 8th, 2026 [September 8th, 2026]
- At FIU stop, DeSantis discusses First Amendment rights in wake of federal judge ruling in favor of anti-ICE protesters - WSVN - August 27th, 2026 [August 27th, 2026]
- Commentary: The First Amendment is more than the right to speak - Lake Oswego Review - August 27th, 2026 [August 27th, 2026]
- Trumps Unholy War on the First Amendment - Progressive.org - August 27th, 2026 [August 27th, 2026]
- Stars and Stripes staffers sue Pentagon over firings alleging First Amendment violations - The Independent - August 27th, 2026 [August 27th, 2026]