We’re proud that TechFreedom contributed two of the essays featured in this month’s issue of Concurrences’ On-Topic on content moderation and antitrust. This edition’s editor, Bilal Sayyed, TechFreedom’s Senior Competition Counsel, wrote the introduction and helped select and edit the nine contributions, which together offer a diverse range of informed perspectives on how antitrust law should apply to unilateral or joint content-moderation decisions by publishers, as well as on the appropriate scope of First Amendment protections.

Santana Boulton, TechFreedom’s Legal Fellow, submitted an article which provides a First Amendment primer for understanding when antitrust law can be applied to publishers (broadly defined) and those interacting with them to moderate—or, as some say, suppress—content. Full PDF below:

Santana Boulton, Part II – Antitrust enforcement and protected speech- First Amendment primerDownload

Berin Szóka, President of TechFreedom, submitted an article building on Santana’s framework to locate the boundary between protected expression and commercial conduct subject to antitrust law. Reviewing the relevant cases, he finds that none justify applying the competition law to content moderation. Full PDF below:

Berin Szoka, Part VIII – The First Amendment’s red line between the expressive and commercial realmsDownload

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About TechFreedom: TechFreedom is a nonprofit, nonpartisan technology policy think tank. We work to chart a path forward for policymakers towards a bright future where technology enhances freedom, and freedom enhances technology.

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