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Missouri Attorney General Withdraws Social Media Regulation Proposal

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Andrew Bailey Missouri Attorney General

JEFFERSON CITY, Mo. — Former Missouri Attorney General Andrew Bailey withdrew a controversial proposal aimed at regulating social media platforms just before he resigned to join the FBI as co-deputy director.

The proposed rule, initially announced in May, required social media companies to allow users to select third-party content moderators upon account creation. Bailey described the initiative as a step towards protecting free speech on digital platforms.

“This rule marks the beginning of a sustained effort to dismantle the ‘Big Brother’ speech-control machinery of corporate America,” Bailey said in a news release on May 6.

The proposal, which aimed to leverage Missouri’s consumer protection laws to impose these regulations, faced significant criticism from free speech advocates and industry groups. They argued it could lead to unworkable demands on social media companies and violate their rights.

“This rule is economically inefficient, technically unworkable and legally vulnerable,” commented a Portland-based think tank, expressing concerns over the feasibility and impact of the initiative.

Opponents warned that allowing outside entities to manage content without oversight could complicate the removal of harmful material, ultimately infringing on the First Amendment rights of the platforms.

In a withdrawal notice, Bailey’s office acknowledged commenters’ concerns regarding the implementation of the rule but clarified that the decision was not based on doubts about the legal authority to issue it.

No press release was issued regarding the withdrawal, which occurred days before Bailey’s departure.