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Free Speech Platforms and the Limits of Content Moderation

Platform content moderation is more structurally complex and economically determined than public debate suggests: moderation stringency is better predicted by revenue model (advertising vs. subscription) than by stated ideological commitments, "free speech platforms" maintain comparably restrictive terms of service in practice, and governance operates across infrastructure, payment, and app-distribution layers — not just social media. The central legal and normative dispute — whether dominant platforms should be treated as protected private editors (affirmed by the U.S. Supreme Court in *Moody v. NetChoice*) or as quasi-public utilities bearing constitutional-style obligations to users (argued via network-effects and horizontal-effect doctrine) — remains genuinely unresolved, with the EU's DSA representing the most ambitious attempt at a third path, though no longitudinal evidence yet exists that it improves user rights outcomes rather than producing compliance theater. Critically, two load-bearing empirical gaps undermine confident conclusions on either side: there is no independent audit data on algorithmic amplification bias beyond platform self-reporting, and AI-generated content's interaction with moderation systems is almost entirely unaddressed in current legal frameworks.

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