This Article explores the underappreciated constitutional problems that arise when regulators compel Internet services to disclose information about their editorial operations and decisions (what the Article calls “mandatory editorial transparency”). In particular, this Article highlights the inevitable problems caused by regulators’ attempts to confirm the accuracy of Internet services’ disclosures. The prospect of such enforcements will motivate Internet services to change their decisions to please regulators—thus having the same effect on speech as more direct, and obviously unconstitutional, speech regulations. This makes mandatory editorial transparency regulations another policy dead-end in regulators’ quest to control online speech.
The Constitutionality of Mandating Editorial Transparency,
73 Hastings L.J. 1203
Available at: https://repository.uchastings.edu/hastings_law_journal/vol73/iss5/3