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First Amendment

Content Moderation and the First Amendment

Stuart Benjamin | 5.6.2026 11:15 AM

Back in 2013 I argued that under the Supreme Court's jurisprudence algorithmic editing is speech for First Amendment purposes, and in Moody v. NetChoice the Supreme Court squarely so stated, in the context of social media platforms' algorithmic prioritization of content.

Many people are unhappy about this jurisprudence, for understandable reasons. The invalidation of laws regulating websites' substantive algorithmic decisions is a striking, and arguably unsettling, prospect. Some of........

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