I am conflicted. On the one hand getting governments to wade into what is fair speech is absolutely a slippery slope. Yet, platform firms are not correctly incenvitived arbiters of speech either. Square this circle: 1) Big Social Media firms have to make decisions on speech. 2) The ideals of free speech that everyone espouses are from an era where publishing and control of publishing was nascent. 3) As businesses, it…
Generally speaking, we deem various kinds of speech that harms people as NOT protected under the first amendment, and that kind of speech would not be protected here.
Yelling “Fire!” in a crowded theater, libel and slander, speech calling for violence, and fraudulent advertising are some typical examples of speech not protected by the first amendment.
It would be tricky, but we could reasonably categorize engagement algorithms with certain properties as harmful to people and not subject to first amendment protections. This would be consumer protection, like laws against fraudulent advertising and other misleading claims.