Who will stand up for the First Amendment on internet platforms?

The Trump Administration appears to be following through on the president’s threats to online freedom of speech. The attorney general of the United States is convening a meeting with state attorneys general  “to discuss a growing concern that these companies may be…intentionally stifling the free exchange of ideas on their platforms.” Five Republican state attorneys general have been invited to attend so far.

The president’s definition of “fairness” seems to equate to “agreement.” The media are the “Enemy of the People” because they report “fake news”—i.e., coverage he doesn’t like. Now online media such as Google, Facebook and Twitter have joined the list of enemies. “We want fairness,” the president said. Government supervision of fairness is actually something the federal government has done before—and that Republicans fiercely fought. When the Fairness Doctrine was repealed in the Reagan Administration, it was hailed by Republicans as a victory for free speech. The result of not having to present both sides of a story was conservative talk radio—and, one might argue, the modern Republican movement. 

What is fascinating about the president’s attacks on the First Amendment is the absence of an outcry from its traditional corporate defenders. Imagine the outcry if the attorney general had convened a meeting to review the news decision-making activities of broadcasters. Think about the outrage if the Justice Department announced an inquiry into the decisions by cable networks about what channels they carry. Envision the explosion if the internet networks were summoned to the Justice Department to explain why content they own is favored over competitors on their networks. Each of these businesses—and their powerful lobbying groups—are mute, however. One could hypothesize that because the Trump Administration is giving the companies all they want on the deregulation and tax cut fronts, they will not risk stepping forward on a matter of principle. The pathology of how principles die begins with a demagogue and the failure of others to defend the principle. 

[Tom Wheeler served as the 31st Chairman of the Federal Communications Commission from 2013-2017]