TOTM
Competition Law and Technology-Platform Censorship
The Federal Trade Commission (FTC) recently launched a public inquiry into technology platform censorship. Digital-platform censorship clearly raises serious policy concerns. Nevertheless, before filing lawsuits, the FTC and its fellow enforcement agency, the U.S. Justice Department (DOJ) will need to factor in platforms’ First Amendment protections and limitations on agency statutory authority. Bringing platform-censorship cases may not be the best use of limited agency resources.