There’s a counterintuitive way to protect online free speech.
social media laws. Thus far, the debate about these laws has focused mainly on the laws’ provisions restricting how social media companies can moderate speech on their platforms. These provisions have drawn strong criticism, and rightly so: They are plainly unconstitutional.
But how the court deals with the laws’ transparency mandates may be just as consequential. If the court strikes those mandates down categorically—as some First Amendment advocates are asking it to—then the digital public sphere will be poorer for it. The First Amendment shouldn’t preclude carefully drafted transparency regulations that would help the public better understand how platforms are shaping discourse online.
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