Cite as: 603 U. S. ____ (2024)
3
BARRETT, J., concurring
a particular point of view”? Hurley, 515 U. S., at 575. In
other words, technology may attenuate the connection between content-moderation actions (e.g., removing posts)
and human beings’ constitutionally protected right to “decide for [themselves] the ideas and beliefs deserving of expression, consideration, and adherence.” Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 641 (1994)
(emphasis added). So the way platforms use this sort of
technology might have constitutional significance.
There can be other complexities too. For example, the
corporate structure and ownership of some platforms may
be relevant to the constitutional analysis. A speaker’s right
to “decide ‘what not to say’ ” is “enjoyed by business corporations generally.” Hurley, 515 U. S., at 573–574 (quoting
Pacific Gas & Elec. Co. v. Public Util. Comm’n of Cal., 475
U. S. 1, 16 (1986)). Corporations, which are composed of
human beings with First Amendment rights, possess First
Amendment rights themselves. See Citizens United v. Federal Election Comm’n, 558 U. S. 310, 365 (2010); cf. Burwell
v. Hobby Lobby Stores, Inc., 573 U. S. 682, 706–707 (2014).
But foreign persons and corporations located abroad do not.
Agency for Int’l Development v. Alliance for Open Society
Int’l, Inc., 591 U. S. 430, 433–436 (2020). So a social-media
platform’s foreign ownership and control over its contentmoderation decisions might affect whether laws overriding
those decisions trigger First Amendment scrutiny. What if
the platform’s corporate leadership abroad makes the policy
decisions about the viewpoints and content the platform
will disseminate? Would it matter that the corporation
employs Americans to develop and implement contentmoderation algorithms if they do so at the direction of foreign executives? Courts may need to confront such questions when applying the First Amendment to certain platforms.
These are just a few examples of questions that might