These entities are protected by Section 230 of Title 47 of the United States Code, which allows them to “restrict access to or availability of material that the provider or user considers to be obscene…or otherwise objectionable” (italics mine). This provision has become, in effect, a license to censor expressions of opinion that run counter to the convictions and political views these companies promote. The First Amendment argument absolving Big Tech from complicity in monopolizing political discourse is succinctly summed up by a commenter to an article I recently posted in which I advocated antitrust legislation with respect to social media. He writes, in part:
“A private company…is exercising its First Amendment rights to do whatever the hell it wants short of libel and slander and incitement to violence…No private company has the obligation to carry content which it opposes ideologically. No private company has the legal obligation to be content-neutral… [T]hat would be a blatant violation of its free speech rights. The government can neither suppress nor compel speech nor demand ideological neutrality from private entities...Changing the rules to subvert the Constitution by defining companies you don’t like as “utilties” or “publishers” is the kind of fascist trick the left is always trying to get away with.”