Free speech on social media has become a contentious issue in recent years. Due to the tremendous influence and outreach of social media platforms, individuals and organizations have begun to use them for nefarious purposes, among which are spreading disinformation, self-enrichment, and manipulating public opinions. This is being done by both bad actors and high-profile individuals driving their own agenda. Social media is a concept that is relatively new in terms of laws and regulations surrounding its operations; because the platforms are also constantly shifting and taking on new roles in society, it is difficult to legislate. As the public relies heavily on social media to express and receive information, speech regulation should be implemented in a limited capacity to prevent evident abuses and illegal activities.
Free speech is a Constitutionally protected right in the US. However, it is not absolute, as there are a number of cases where free speech can be limited by the government and private corporations. Freedom of speech has historically been subjected to reasonable limits. The content of the speech matters as well and can be limited if it is an incitement to violence (lawless action) or seeks to obscenely destroy social values, as well as the traditional libel, slander, and fraudulent speech (United States Courts, n.d.). At the same time, recent years have seen social media be a center of controversy for these very many issues, with an overwhelming amount of speech fueling bigotry and division. Election messaging was influenced, and results questioned for two elections now, proven to be under the impact of both foreign and domestic political organizations. During the COVID-19 pandemic, disinformation rapidly spread contradicting official government positions, creating panic, distrust, and negative social behavior that has been linked to a greater number of cases.
Speech on social media regarding key social issues often seeks to instigate violence or cause unrest. All of this is significantly socially detrimental and warrants regulation of speech on the platforms. The primary issues that arise are who should monitor the speech, the social media platforms or the government? Furthermore, where can one draw the line between a free exchange of ideas and extremism since perspectives may differ depending on the point of view (Oremus, 2022). Government-led policy supported by judicial rulings should create legislation that is modernized and encompasses of contemporary problems on social media in order to provide competent and objective regulatory guidelines.
References
Oremus, W. (2022). Want to regulate social media? The First Amendment may stand in the way. The Washington Post. Web.
United States Courts. (n.d.). What does free speech mean? Web.