Videos

Tech Censorship and Antitrust with Shaoul Sussman

Apr 17, 2025

Tech platforms wield immense power over the marketplace of ideas. But when companies like Amazon or Meta deplatform users, is it a free speech issue—or a competition problem?

In this conversation hosted by The Capitol Forum, Shaoul Sussman, former Associate Director for Enforcement at the FTC, discusses his new paper Section 5 and the Marketplace of Ideas. Sussman explores how the Federal Trade Commission might use its authority under Section 5 of the FTC Act to address content suppression and deplatforming—not as a First Amendment issue, but as a form of unfair competition.

From Parler to Babylon Bee, from cloud infrastructure to algorithmic shadowbanning, this episode examines whether the FTC could (or should) step in. Could this reshape tech enforcement in the post-Khan era? And what happens when freedom of expression collides with antitrust?

🔍 Topics include:

  • Section 5 as a tool for regulating speech-related market power
  • The limits of Sherman and Clayton Act enforcement
  • Content moderation, shadowbanning, and algorithmic design
  • Legal precedent and First Amendment boundaries
  • Where FTC policy may go next under Chair Ferguson