Originally Published in City Journal (coauthored with Adam Candeub)

When the House Judiciary Committee held a hearing on social media censorship late last month, liberal Democratic congressman Ted Lieu transformed into a hardcore libertarian. “This is a stupid and ridiculous hearing,” he said, because “the First Amendment applies to the government, not private companies.” He added that just as the government cannot tell Fox News what content to air, “we can’t tell Facebook what content to filter,” because that would be unconstitutional.

Lieu is incorrect. While the First Amendment generally does not apply to private companies, the Supreme Court has held it “does not disable the government from taking steps to ensure that private interests not restrict . . . the free flow of information and ideas.” Continue reading “Publisher or Platform: Cruz Right on Section 230” →