From Cloudflare’s headline-making takedown of the Daily Stormer last autumn to YouTube’s summer restrictions on LGBTQ content, there’s been a surge in “voluntary” platform censorship. Companies—under pressure from lawmakers, shareholders, and the public alike—have ramped up restrictions on speech, adding new rules, adjusting their still-hidden algorithms and hiring more staff to moderate content. They have banned ads from certain sources and removed “offensive” but legal content.
These moves come in the midst of a fierce public debate about what responsibilities platform companies that directly host our speech have to take down—or protect—certain types of expression. And this debate is occurring at a time in whoch only a few large companies host most of our online speech. Under the First Amendment, intermediaries generally have a right to decide what kinds of expression they will carry. But just because companies can act as judge and jury doesn’t mean they should.
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