FOR IMMEDIATE RELEASE
NASHVILLE, Tenn. — July 14, 2025 — A sweeping new rule proposed by the Missouri Attorney General would turn state regulators into online speech overseers, warns The Future of Free Speech in a public comment submitted Monday. The rule, labeled as a consumer protection measure, in fact mandates ideological balance in content moderation and compels private platforms to host third-party moderation systems, posing serious constitutional violations.
“This rule forces platforms to surrender editorial discretion to outside actors,” said Ashkhen Kazaryan, Senior Legal Fellow at The Future of Free Speech and author of the public comment. “The attorney general frames the rule as an effort to protect users, but in reality, it’s an unconstitutional attempt to compel speech online—one that threatens the very foundation of free expression in the digital age.”
The comment rebuts Missouri’s claim that the Supreme Court’s Moody v. NetChoice ruling supports such regulation. On the contrary, the rule ignores key legal boundaries outlined in Moody, Tornillo, and Hurley, all of which prohibit the government from forcing private speakers, including online platforms, to present unwanted content.
The comment also emphasizes that Missouri’s extraterritorial regulation of global platforms violates the Dormant Commerce Clause and is preempted by federal law, including Section 230 of the Communications Decency Act. If enacted, the rule could drive platforms out of Missouri entirely, restricting users’ access to digital forums vital for speech and association.
Links:
- PDF — Read the full comment here.
About 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.
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