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Oh Look, The MAGA FTC Built The Censorship Industrial Complex It Was Screaming About
Techdirt
· 2026-04-17
Commentary
The post covers the FTC's campaign — joined by eight state attorneys general — to pressure all five major advertising holding companies into cutting ties with NewsGuard, a journalism ratings service, by conditioning merger approvals and pursuing antitrust enforcement against brand-safety industry standards. The post frames this as a classic jawboning/government coercion case directly analogous to NRA v. Vullo and Backpage v. Dart: the government is using regulatory and enforcement leverage to force private commercial actors to sever economic relationships with a speaker whose opinions disfavored political allies find inconvenient. This is squarely within the newsletter's government-coercion/jawboning subcategory, raising core First Amendment questions about whether antitrust law can be weaponized to achieve speech suppression that direct censorship could not.
Key point: The FTC's use of antitrust enforcement and merger conditions to coerce the entire major advertising industry into blacklisting a journalism ratings service represents a textbook jawboning scenario that, under NRA v. Vullo and Bantam Books, would appear to violate the First Amendment — an irony the post underscores given the same political coalition's prior invocations of those precedents.
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