The 'unity of opposites' in the regulation of social media platforms : content moderation between the EU 'Digital Services Act' and the US First Amendment theories

Abstract

This paper explores the constitutional theories behind the regulation of content moderation activities of social media platforms across the Atlantic and discusses the effects of a change in the constitutional approach in the United States on the structure of the digital market of social media platforms. The paper argues that the current coexistence of regulatory models across the European Union and the United States results from an interlocking of constitutional theories that permits an equilibrium between the different paradigms of free speech online. The paper assesses the current risks to this equilibrium arising from a different interpretation of the scope of the First Amendment online in the United States.