Limiting the Right to Exclude: Common Carrier and Market Dominance [Freedom of Thought]

The recent concurrence by Justice Thomas in Biden v. Knight First Amendment Institute has raised new questions about how we might think about restrictions on speech and debate on social media. Where private, concentrated control over online content and platforms exists, can a solution be found in doctrines that limit the right of a private company to exclude?

While there is historical precedent for regulating communications networks in a similar manner as traditional common carriers, are social media platforms best understood as communications networks that “carry” information from one user to another? Or have they created a business model built more on “curated” speech that to some degree reflects their own expressive interest in acceptable debate and discussion? And how should we think about possible state regulatory efforts to regulate private companies in this way?

Featuring:

Prof. Adam Candeub, Michigan State University College of Law

Geoffrey A. Manne, President, International Center for Law and Economics

Prof. Olivier Sylvain, Fordham University School of Law

Charles M. Miller, Deputy Chief Counsel, Ohio Attorney General's Office

Moderator: Judge Gregory G. Katsas, United States Court of Appeals, DC Circuit

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