Limiting the right to moderate: political equality, social media, and viewpoint-based moderation
Year: 2025
Type: article
Abstract: I argue that because many forms of viewpoint-based moderation by major social media companies (SMCs) undermine subjects’ equal opportunity for political influence (EOPI), such moderation violates users’ right to free expression and ought to be prohibited. I then refute three common defenses of SMCs’ freedom to moderate as they please, each of which seeks to establish relevant disanalogies between state- and SMC-imposed speech regulations: the substitution argument, argument from government abuse, and argument from corporate rights. I argue that the presence of substitutes does not excuse viewpoint-based regulation, that the risk of abuse does not meaningfully distinguish state from social media moderation, and that corporate rights are limited by users’ right to EOPI.
Author: Chris Bousquet
Institution: College of the Holy Cross
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $2,190
OpenAlex ID: W4415474288
