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 Nebraska, as in all states, the First Amendment to the United States Constitution protects individuals from government actions that would restrict freedom of speech. This means that federal, state, and local governments cannot pass laws or take actions that unjustly curtail free speech. However, the First Amendment does not apply to private entities, including social media companies. These companies are legally permitted 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 and political debate about the role these companies should play in regulating speech and the potential need for more transparency and consistency in their content moderation policies. It's important to note that while the First Amendment does not restrict private companies, there are other legal considerations at play, such as anti-discrimination laws, that may impact the extent to which these companies can regulate speech on their platforms.