The First Amendment to the United States Constitution provides that Congress shall make no law abridging (curtailing) the freedom of speech. Thus, free speech is only protected by the U.S. Constitution when it is the government that seeks to limit free speech. And the First Amendment is inapplicable when a nongovernmental person or entity—such as a social media company—seeks to limit free speech. But despite the legal authority of social media companies to regulate speech on their platforms, there is an ongoing debate about whether such companies should regulate speech, and if so, the extent and manner in which they should do so.

In Kansas, as in all states, the First Amendment to the U.S. Constitution protects individuals from government actions that would abridge their freedom of speech. This means that the government, including state and local authorities, cannot restrict speech unless it meets certain legal standards. However, the First Amendment does not apply to private entities, including social media companies. These companies are legally allowed to regulate speech on their platforms according to their terms of service and community guidelines. While they have the authority to remove or restrict content, there is a public debate about the ethical implications and the potential need for more transparent and consistent policies. Some argue that social media platforms have become akin to the public square, raising questions about how these platforms should balance the need for open discourse with the need to prevent harm. However, any regulation of speech by these companies in Kansas is not a First Amendment issue unless it involves state action.