In a move that could shift the landscape of online speech, Missouri Attorney General Andrew Bailey announced a pioneering rule aimed at dismantling what he describes as corporate censorship on social media platforms. The measure mandates that platforms allow users in Missouri the option to appoint their own content moderators instead of relying solely on the platform's built-in moderation algorithms. According to a press release on the Missouri Attorney General's website, the rule, identified as 15 CSR 60-19, establishes that social media giants can no longer deny users this ability.
The rule, which rises in the aftermath of the Moody v. NetChoice Supreme Court decision, echoed by Attorney General Bailey, is seen as a critical step in reaffirming the state's power to enforce competition laws in support of free speech rights. "Big Tech oligarchs have manipulated the content Missourians see online and silenced voices they don’t like. That ends now," Bailey said, indicating Missouri's role as the first state to adopt enforceable actions against the perceived power held by online tech companies.
Under this new regulation, social media companies are also prohibited from imposing unreasonable access restrictions on third-party moderators. There are, however, exceptions carefully incorporated to safeguard against child exploitation and illegal threats. Aside from having to provide a choice screen for moderation at account setup and periodically thereafter, tech platforms must ensure that their own moderation tools aren't given preferential treatment and that interoperability is maintained for independently-chosen moderators.
Viewed through the lens of an immediate response to Big Tech's influence on public discourse, the Missouri rule stands as the beginning of what Bailey terms a "sustained effort to dismantle the ‘Big Brother’ speech-control machinery of corporate America." Citing recent shifts in the White House that have reversed the Biden Administration’s previous engagement with Big Tech, Bailey lauded the support for Missouri's legal actions that, according to him, exposed a "massive censorship conspiracy" by the federal government.
The Missouri Attorney General's Office has also planned public forums in an effort to gather further testimony and data regarding deceptive practices by social media companies from its people. Details regarding the forums will be announced, as per the office, seeking to engage directly with the concerns of Missourians about online speech moderation.
