Social media, common carriage, and the First Amendment

Published August 26, 2022 12:00am ET



[This piece has been published in Restoring America to highlight how regulating social media companies as common carriers could violate the First Amendment.]

AEI recently published a thought-provoking report by Professor Richard A. Epstein addressing censorship of conservative viewpoints online. Building on initial comments offered last year in the Wall Street Journal, Epstein identifies the problem as a systemic progressive bias among dominant social media companies, coupled with steep barriers to entry that reduce competition as a potential disciplining force in the short term. The solution, he posits, is a common carriage regime that would prevent digital platforms from abusing their positions in ways that distort public debate.

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