The Federal Trade Commission (FTC or Commission) is asking members of the public to weigh in on whether tech platforms restricted or blocked their access because of content they posted on those platforms. The FTC issued a Request for Information (RFI) on February 20, 2025, to “better understand how technology platforms deny or degrade (such as by “demonetizing” and “shadow banning”) users’ access to services based on the content of the users’ speech or their affiliations, including activities that take place outside the platform” and how such actions may violate federal law. FTC Chairman Andrew Ferguson commented in the press release accompanying the RFI that “tech firms should not be bullying their users …This inquiry will help the FTC better understand how these firms may have violated the law by silencing and intimidating Americans for speaking their minds.”
In issuing the RFI, the Commission is following a long-held FTC tradition of carrying out investigative groundwork on an issue before it issues a potential regulatory rule, and the RFI is simply an initial investigation. But the inquiry raises questions about the scope of First Amendment rights of platforms and the reach of the FTC Act.
The RFI has thus far received over 1,000 comments. Stakeholders interested in submitting feedback have until May 21, 2025.