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NetChoice Comment to Federal Trade Commission Request for Information Regarding Technology Platform “Censorship”

On February 20th, the Federal Trade Commission released a Request for Information (RFI) “Regarding Technology Platform Censorship.”

We fear that, beyond mere information gathering, the Commission seeks to use these comments as justification to insert itself into the content moderation process of private entities.

As is hopefully understood by the experts at the Commission, overwhelming and recent Supreme Court precedent weighs heavily against the Commission’s desired foray into regulating editorial discretion.

In our submission, we seek to illuminate the constitutional barriers to the Commission transforming itself into the speech police under the guise of enforcing consumer protection and antitrust laws.