Opposing views: The First Amendment and Big Tech censorship

Policy analyst Clare Morrel and constitutional law professor Philip Hamburger, Wall Street Journal, July 31, 2021, argue that Big Tech censorship is in need of regulation. “A statute limiting the ability of a Big Tech company to express its own views,” they write, “would almost certainly be unconstitutional. What about a law limiting viewpoint discrimination where the companies serve as a publicly accessible conduit for the speech of others?”

Mike Masnick of techdirt, August 4, 2021, slams Hamburger and Morrel for arguing that the First Amendment does not protect choices of content moderation. Masnick finds it particularly absurd that they also argue that antidiscrimination laws should be used to block Big Tech viewpoint discrimination.

(For related FAC coverage, click here, here and here.