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As Chapter 1 discusses, one of the most consistent conservative critiques of social media platforms is that social media is biased against conservative content. A common policy proposal to address this is to regulate such platforms as common carriers. Doing so would require social media platforms to host, on a nondiscriminatory basis, all legal user content and to permit all users to access platforms on equal terms. While this seems an attractive idea – after all, who could object to nondiscrimination – it is not. For one thing, the Supreme Court has now recognized that social media platforms possess "editorial rights" under the First Amendment to control what content they carry, block, and emphasize in their feeds. So, regulating platforms as common carriers, as Texas and Florida have sought to do, is unconstitutional. It is also a terrible idea. Requiring platforms to carry all content on a nondiscriminatory basis, even if limited to legal content (which it would be hard to do) would flood user feeds with such lawful-but-awful content as pornography, hate speech, and terrorist propaganda. This in turn would destroy social media as a usable medium, to the detriment of everyone.
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