Reclaiming the Marketplace of Ideas from the Digital Cauldron of Illicit Loves: Protecting Free Speech While Moderating Content on Social Media Platforms | Vol. 31, No. 1

Dec 31, 2025

The Internet has become an indispensable part of modern life, facilitating, among other things, communication, work, news, and entertainment. The volume of user-generated content, particularly on social media, is mind-numbing. Harmful content within this vast collection of material proliferates, yet efforts to regulate online speech are stymied by First Amendment protections and Section 230 immunity. We propose a path forward with a time, place, and manner restriction on the volume of online speech—a proposal that aims to balance the benefits of online expression with the need to mitigate its harms by introducing a regulation framework that incorporates societal interests. Our approach offers a vision for a more sustainable digital ecosystem while promoting the foundational principles behind First Amendment free speech protections.

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