Every day, millions post on social media platforms (status updates, tweets, photographs, videos) under the assumption that First Amendment protections on freedom of speech apply in the digital realm in the same way they apply to in-person speech. Unfortunately, recent coercive interactions between…
Every day, millions post on social media platforms under the assumption that First Amendment protections on freedom of speech apply in the digital realm in the same way they apply to in-person speech. Unfortunately, recent coercive interactions between the federal government and social media platforms, commonly known as"jawboning," have denied millions of people their First Amendment rights and put Washington bureaucrats in control of online speech.
Although social media platforms have lowered the cost of speech and provided opportunities for people to connect with others beyond their immediate circles, social media has also created opportunities for some to disseminate what the media and others have dubbed"disinformation" and"misinformation.
While both Republicans and Democrats have engaged in jawboning, the Democrats have been more overt in their desire to shape content online. For example, perennial presidential candidate Sen. Elizabeth Warren has consistently warned platforms that they are not doing enough to combat “misinformation and disinformation.” Sen.
Given the significant threat posed by jawboning to the First Amendment, it’s important that Congress and state legislatures take steps to prohibit the practice. First, Congress would be wise to investigate the topic of jawboning to establish how ingrained the practice has become over the past several years. The recent creation of a House committee to investigate the weaponization of the federal government is an important first step.
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