Missouri Attorney General Takes Bold Step Against Social Media Censorship
This week, Missouri Attorney General Andrew Bailey made a significant move to tackle the issue of social media censorship.
On Tuesday, Bailey announced the Missouri Merchandising Practice Act, a pioneering regulation that mandates major platforms to let users choose third-party content moderators instead of solely relying on algorithms.
“The Big Tech oligarchs have manipulated content, silencing voices that the people of Missouri haven’t had the chance to see online. That’s about to change,” Bailey stated. “This sets Missouri apart as the first state to enforce real actions against corporate censorship. I’m using all available tools to control what people in Missouri are exposed to on social media, not Silicon Valley.”
According to the rules, platforms must offer a “selection screen” to users during sign-up and every six months thereafter, allowing for third-party moderator access and eliminating any pre-set defaults. Notably, the regulations do not prevent platforms from blocking harmful content like child exploitation or threats.
The process to finalize these rules is estimated to take around 180 days, though the Missouri Attorney General’s Office believes there’s already enough time to prepare.
As the agency explained, “[T]his large social media company is a sophisticated actor with considerable expertise in the subject.”
breaking news: I submitted the country’s first rules to end the big tech censorship monopoly. Missouri people deserve control over what they see online.
I’m employing all my resources to safeguard free speech and reclaim my digital public square. Missouri is leading the charge.
– Attorney General Andrew Bailey (@agandrewbailey) May 6, 2025
A fact sheet indicates that the four major tech platforms affected by these new regulations will incur costs of approximately $41.9 million in the first year, followed by about $12 million annually thereafter.
Bailey’s office is confident that these rules will stand up to legal challenges. The Supreme Court had previously rejected laws from Florida and Texas that attempted to limit platforms’ abilities to censor content. However, this ruling left the door open for states to enforce competition laws that protect the marketplace of ideas.
“There’s a vast and growing amount of speech happening on social media, all of which is controlled by a small number of powerful entities,” notes Missouri’s Rulemaking Memo. “The Supreme Court has emphasized the importance of citizens having access to diverse sources of information. That represents the essence of the First Amendment.”
The office acknowledged that challenging large-scale censorship has a history of resulting in lawsuits.
“Should this rule face a court challenge, we’re fully prepared to defend it vigorously,” Missouri communicated.
On his first day in office, President Donald Trump issued an executive order that prohibits federal officials from unconstitutionally curbing Americans’ free speech rights, pushing social media platforms to restrict content. This approach was mirrored by White House officials during the Biden administration, leading to the closure of the State Department’s Global Engagement Centre (GEC) amid “free speech” concerns.
