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De-platforming and Free Speech: Regulating Private Content Moderation Under Constitutional Law

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Authors : Katelyn Elisabeth Waller

Citation

Katelyn Elisabeth Waller. (2026). De-platforming and Free Speech: Regulating Private Content Moderation Under Constitutional Law. Institute For Policy Research and Governance, 1(16). https://doi.org/10.5281/zenodo.23187447

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Abstract

As digital communication platforms have supplanted traditional public forums, private technology corporations exercise unprecedented governance over global speech. This paper examines the point at which constitutional principles should logically constrain private platforms, asking how constitutional democracies can regulate private content moderation without undermining either free speech or private autonomy. Drawing on comparative regulatory analysis, constitutional doctrine, and institutional case studies, this paper synthesizes perspectives from the United States, the European Union, India, and Ghana to examine three interlocking dimensions of the problem. This includes the design of regulatory frameworks that balance state intervention against platform independence, the doctrinal question of whether constitutional free-speech norms can or should apply horizontally to private, non-state actors, and the practical mechanisms (notice, appeal, and reasoned decision-making) through which transparency and accountability can be operationalised inside private platform governance. This paper argues that no single jurisdiction has produced a regime that is both speech-protective and respectful of platform autonomy, and that meaningful accountability requires state intervention to constrain process rather than dictate outcome. This is supported by institutional separation between content-flagging bodies and the government whose conduct is in question.

Keywords: Content moderation, private platforms, free-speech, accountability, unprecedented governance

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