FOR IMMEDIATE RELEASE
NASHVILLE, Tenn. — May 20, 2025 — In a public comment submitted today to the Federal Trade Commission (FTC), The Future of Free Speech cautioned against efforts to regulate content moderation practices on technology platforms. The public comment comes amid an FTC inquiry into “tech censorship.” The nonpartisan think tank located at Vanderbilt University argues that such actions would violate First Amendment protections and transform the FTC into an unconstitutional speech regulator.
“Content moderation may spark public disagreement, but that’s not the same as deception or unfairness under consumer protection law,” said Ashkhen Kazaryan, Senior Legal Fellow at The Future of Free Speech. “The FTC must resist pressure to police platforms’ expressive choices and take on an unconstitutional role as a Ministry of Truth.”
The organization’s submission responds to the FTC’s request for public comment on “technology platform censorship.” It underscores the editorial discretion that platforms lawfully exercise when moderating content. In the filing, the think tank writes:
“Much like a newspaper publisher can prioritize its owner’s editorials, a platform may elevate the content of its leadership or favored voices. Discomfort with these choices may inform consumer trust or platform loyalty, but they do not transform a lawful exercise of expressive judgment into actionable deception under consumer protection law. To suggest that inconsistency or user dissatisfaction constitutes a ‘deceptive’ or ‘unfair’ practice under Section 5 of the FTC Act is to invite the agency into an unconstitutional role as arbiter of expressive fairness.”
The comment also warns that attempts to enforce ideological neutrality or penalize inconsistencies in moderation would chill lawful speech and restrict platform innovation.
Read the full comment here:
FTC Public CommentAbout The Future of Free Speech
The Future of Free Speech is an independent, nonpartisan think tank located at Vanderbilt University. It works to reaffirm freedom of expression as the bedrock of free and thriving societies through actionable research, empowering tools, and principled advocacy. Learn more at www.futurefreespeech.org.
