Missouri Attorney General Andrew Bailey has introduced a regulation requiring social media companies to provide algorithmic choice for users in the state. This initiative aims to protect free speech and prevent censorship by ensuring transparency from Big Tech firms regarding the algorithms they use.
Attorney General Bailey stated, "Social media companies are supposed to provide a space where users can share views, content and ideas. Instead, Big Tech oligarchs have manipulated consumers’ social media feeds for their own purposes and exercised monopoly control over content moderation. To that end, I am invoking my authority under consumer protection law to ensure Missourians get to control the content they consume on social media."
This regulation, considered the first of its kind in the United States, will be enforced under the Missouri Merchandising Practices Act. It follows guidelines set by a recent Supreme Court decision in the NetChoice case. The rule mandates that social media platforms allow users to select third-party content moderators rather than relying solely on those provided by the platform itself.
The new rule specifies conditions for compliance: users must be given a choice screen at account activation and every six months thereafter; no default selection should be made; third-party moderators should not be disadvantaged; chosen moderators must have interoperable access to platform data; and companies should not suppress content if allowed by selected moderators.
Attorney General Bailey emphasized accountability for non-compliance: "With this rule, Missouri becomes the first state in the nation to enshrine transparency and accountability for Big Tech into law at this scale. Big Tech companies who run afoul of this regulation will be held accountable."
Public comments will be collected as part of the rule promulgation process. Forums will also be announced to gather more evidence on deceptive practices by social media companies.
Bailey remarked on future efforts, saying, "This is the first prong of a comprehensive offensive to protect free speech in 2025. Now that we have a presidential administration coming into office that will not silence disfavored speech, we’re turning our focus to corporate censorship. Missouri will continue to lead the way in defense of our most fundamental freedoms."