US must hold the line against efforts to squash free speech

Europe may end up
banning Twitter
for protecting free speech.

Following the creation of its
Code of Practice on Disinformation
, the
European Union
has given Twitter a choice: Submit or be gone. Under the EU’s new code, Twitter would be required to remove any content the governing body deems as “disinformation,” though it never clearly defines what that term means. So far, owner Elon Musk is resisting, recognizing that how European regulators choose to enforce this rule will likely run counter to his mission for free speech.

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Such limitations on “disinformation” by a government gall at our tradition of free speech. But while we have the First Amendment to support us against governmental intrusions, Europe does not, and it is a practice for member states to ban speech they don’t like. In France, for example, it is
illegal
to wear a chain with a cross to a public school. And in Germany, it is
illegal to engage
in “hate speech,” which could be whatever the chancellor at the time doesn’t like.

The EU code is an extension of this disdain for free speech and is implicit that online platforms should act as a type of thought police at the behest of the government to block users’ free expression. The regulations demand companies report and block “disinformation,” publicize their efforts to counter bad actors, and suppress political ads. The policy would also cut off purveyors of “disinformation” from advertising revenues, thus attacking them economically.

Put simply, the code is a sledgehammer that grants immense power to the European Commission to control and monitor its citizens’ online content. If enforced, these provisions would strangle European free expression and impose government control over the digital public square.

Musk’s refusal to comply is an embodiment of his strong belief in the power and tradition of open dialogue. This tradition is not rooted in Europe in the same manner as in the United States, where our laws hold our speech rights sacrosanct.

Indeed, the American principle of free expression is based on the buy-in of the individual, which gives the government its power. The idea was that people and communities can make informed, rational decisions with access to all kinds of information. Online services such as Twitter have increased access to a broader variety of sources and ideas that may challenge norms, including those norms “established” by a government.

Our country’s founders believed this right was fundamental to American culture and law, and the Supreme Court has upheld that principle.

Alarmingly, the Biden administration seems to be rejecting these values for ones that look a lot like the European Union’s. For years, we have heard from President Joe Biden and Democrats about “disinformation,” which has really just meant any viewpoint or opinion that runs counter to the administration’s narratives on anything from the Steele dossier to the Hunter Biden laptop story, discussion of the COVID-19 lab leak theory, and discussions of reopening schools. Biden even went so far as to create the
Foreign Malign Influence Center
, a new version of the failed
Disinformation Governance Board
.

It’s not shocking that leftist politicians such as Biden or those in the European Union refuse to champion free speech and constitutional rights. Free expression is a threat to their power. But thanks to private leaders such as Musk and lawmakers in Congress, there may be some hope yet. Through rigorous government oversight and legislation, such as the recently passed
Protecting Free Speech from Government Interference Act,
lawmakers moved to safeguard our First Amendment rights from overreach and even penalize officials who infringe on the Constitution.

The struggle isn’t merely about free speech; it’s a fight for the very principles that define America as a nation. Our free expression is a cornerstone of our system, not a commodity to be bargained away. Let’s not stand by as our freedoms are gradually eroded. Instead, let’s ensure that our voices and access to diverse sources continue to flow freely in the digital age.

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Carl Szabo is vice president and general counsel for NetChoice, a trade association dedicated to protecting free enterprise and free expression online, and a professor of internet law at George Mason University’s Antonin Scalia Law School. Twitter is a member of NetChoice.