First Amendment Online Applies To Platforms Too

As the dust settles on the 2022 midterm elections, more data is coming in regarding the expense of the election season. According to OpenSecrets, donations and spending on this cycle are expected to shatter records. Individuals and businesses dedicated resources towards the candidates they favored, a massive display of our electoral system at work and one of the most important ways people across the country exercise their right to free speech.

Supreme Court Justice Samuel Alito affirmed this just two weeks before the election when he gave a speech at the Heritage Foundation. Alito defended his decision in the Citizens United v. FEC case, saying, If corporations did not have free speech rights and the government could regulate all of this as it wished — wow. Who wants that regime?” The decision in question prohibited the government from restricting corporate donations towards political ends through independent expenditures.

 

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