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 Vermont, as in all states, the First Amendment to the United States Constitution protects individuals from government actions that would abridge their freedom of speech. This means that the state and federal government cannot restrict speech except in certain limited circumstances. 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, as they are not considered state actors. The ongoing debate about the role of social media companies in regulating speech is not a legal one, but rather a societal and ethical discussion about the balance between free expression and the responsibility to prevent harm, such as the spread of misinformation or hate speech. The debate also touches on the potential need for new regulations or laws that address the unique role and influence of these platforms in the digital age.