Missouri Attorney General Andrew Bailey has introduced a pioneering rule aimed at curbing corporate censorship by Big Tech and safeguarding online free speech. This regulation, filed under the Missouri Merchandising Practices Act, is the first of its kind in the United States and mandates that social media platforms allow Missouri users to select their own content moderators instead of relying on algorithms from major tech companies.
"Big Tech oligarchs have manipulated the content Missourians see online and silenced voices they don’t like. That ends now," stated Attorney General Bailey. "With this rule, Missouri becomes the first state in America to take real, enforceable action against corporate censorship. I’m using every tool to ensure Missourians—not Silicon Valley—control what they see on social media."
The new regulation, identified as 15 CSR 60-19, stipulates that it is unfair or deceptive for social media platforms to prevent users from choosing independent content moderators. Platforms are required to provide a choice screen when accounts are activated and periodically thereafter. They must not prioritize their moderation tools over others and must enable full interoperability with external moderators selected by users.
Additionally, the rule forbids social media companies from imposing unreasonable access restrictions on third-party content moderators while including exceptions designed to prevent child exploitation and unlawful threats.
This initiative draws upon guidance from the Supreme Court's decision in Moody v. NetChoice, which acknowledged state governments' authority to enforce competition laws for protecting free expression.
"This rule marks the beginning of a sustained effort to dismantle the ‘Big Brother’ speech-control machinery of corporate America," added Attorney General Bailey. "We are grateful for new leaders in the White House who have reversed the Biden Administration’s weaponization of Big Tech, building on our groundbreaking litigation that helped Missouri blow the lid off the federal government’s massive censorship conspiracy. We are continuing the charge to protect free speech and take back the digital public square."
Public forums will be organized soon to collect additional input and evidence from Missourians regarding deceptive practices by social media companies.
The complete text of this rule is available for public reading.