Cite as: 603 U. S. ____ (2024)
19
Opinion of the Court
is the whole project of the First Amendment. And the government can take varied measures, like enforcing competition laws, to protect that access. Cf., e.g., Turner I, 512
U. S., at 647 (protecting local broadcasting); Hurley, 515
U. S., at 577 (discussing Turner I ). But in case after case,
the Court has barred the government from forcing a private
speaker to present views it wished to spurn in order to rejigger the expressive realm. The regulations in Tornillo,
PG&E, and Hurley all were thought to promote greater diversity of expression. See supra, at 14–16. They also were
thought to counteract advantages some private parties possessed in controlling “enviable vehicle[s]” for speech. Hurley, 515 U. S., at 577. Indeed, the Tornillo Court devoted
six pages of its opinion to recounting a critique of the thencurrent media environment—in particular, the disproportionate “influen[ce]” of a few speakers—similar to one heard
today (except about different entities). 418 U. S., at 249;
see id., at 248–254; supra, at 14–15. It made no difference.
However imperfect the private marketplace of ideas, here
was a worse proposal—the government itself deciding when
speech was imbalanced, and then coercing speakers to provide more of some views or less of others.
B
“[W]hatever the challenges of applying the Constitution
to ever-advancing technology, the basic principles” of the
First Amendment “do not vary.” Brown v. Entertainment
Merchants Assn., 564 U. S. 786, 790 (2011). New communications media differ from old ones in a host of ways: No
one thinks Facebook’s News Feed much resembles an insert
put in a billing envelope. And similarly, today’s social media pose dangers not seen earlier: No one ever feared the
effects of newspaper opinion pages on adolescents’ mental
health. But analogies to old media, even if imperfect, can
be useful. And better still as guides to decision are settled
principles about freedom of expression, including the ones