On January 20, 2025, the first day of his second presidential term, Donald Trump signed an executive order: “Restoring Freedom of Speech and Ending Federal Censorship.” The bad old days of the “censorship-industrial complex,” allegedly responsible for suppressing online speech under President Joe Biden, were over.
Except they weren’t. The driving force behind online censorship had never been the U.S. government, which meant that freedom of speech could not be restored by the stroke of a president’s pen. Rather, the European Union has wielded its Digital Services Act (DSA) to restrict the speech not just of Europeans but especially of Americans and other English-speakers. The E.U. has not violated the free-speech rights of Americans, since it has no obligations under the U.S. Constitution. But it has vitiated those rights, essentially nullifying the First Amendment in cyberspace.
The DSA is not a “threat” to free speech, as some American commentators put it, implying that possible danger lies in the future. Because the DSA is in force now, all major online platforms and search engines must comply with it to remain on the E.U. market. There is effectively no free speech on the internet nowadays, at least not on the major platforms falling under the DSA’s strictest provisions, but only more or less heavily curated,
