Regulatory Implications of Turning Internet Platforms into Common Carriers

The debate over how internet platforms moderate content has reached a fever pitch. To get around First Amendment concerns, some proponents of content moderation regulation argue that internet platforms should be regulated as “common carriers”—that is, internet platforms should be legally obligated to serve all comers without discrimination. As these proponents regularly point to communications law as an analytical template, it appears that the term “common carrier” has become a euphemism for full-blown public utility regulation complete with a dedicated regulator. However, proponents of common carrier regulation provide no details about how this regime would work. Rather than regulate, perhaps there is a far cheaper and less intrusive solution for complaints about undue content moderation than massive government regulation: consumers can simply choose not to use social media platforms.