There’s an important question that often goes unaddressed in the debate about regulating online disinformation: Who guards the guardians?
This gatekeeper-bias problem has been a long-standing issue online. Advertisers, consumers, and IT departments lack the resources to review individual sites, so they reasonably rely on intermediaries such as GDI to filter unwanted content. But when these intermediaries inadvertently or intentionally abuse their position, the victims have little recourse.
But when the government funds the gatekeeper, the problem takes on a constitutional dimension. The First Amendment is designed to prevent public officials from censoring viewpoints with which they disagree. That constitutional principle casts a long shadow here: While government officials are free to express their own views and argue with opponents, they should not fund a blacklist that tilts public discourse against disfavored viewpoints.
, “In practice that can mean stepping selectively on the oxygen hose of ad revenues that supplies an adversary press.”
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