Are social media companies taking down too much content or not enough?

Ask Democrats and they might say that social media platforms leave up far too much hateful, harmful, and blatantly false posts – while simultaneously over-censoring people of color and LGBTQ people.

Ask Republicans and they might say that social media companies censor conservatives more than liberals and shouldn’t be allowed to kick politicians or political candidates off their platforms.

As a lawyer at the American Civil Liberties Union (ACLU) put it, “To sum up critics’ views: platforms are censoring people too much and not enough all at once.”

This post is our first in a series of quick takes that examine different perspectives on how social media companies should handle online speech.

The ACLU

First up is the ACLU, a staunch advocate for free speech since the 1920s. Here are a few things to know about the organization’s stance on online speech:

• The ACLU believes that Section 230 of the Communications Decency Act is critically important and “defines Internet culture as we know it.” Without it, tech companies could get sued anytime someone posts something controversial or critical of the government.
• The ACLU believes that social media companies have a First Amendment right to publish or not publish political speech.
• Even so, those companies “should preserve as much political speech as possible, including content posted by candidates for political office.”
• That extends to speech by former President Donald Trump – even though the ACLU is generally not a fan. For example, the organization found it reasonable when Facebook suspended Trump for a limited time following the events of January 6, but criticized the company for basing its decision on a vague standard.
• The organization argues that the public needs access to that speech for transparency’s sake, and says that “political speech deserves the greatest protection to ensure the functioning of our democratic system.”

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