The Culture War, FTC Investigations & the First Amendment

March 30, 2026

Join the Tech Institute and TechFreedom on March 30th for a lunch discussion of how the First Amendment limits the agency’s consumer protection and competition powers. Are these legitimate investigations or is the FTC jawboning over speech it doesn’t like? Will courts block these investigations? Could the FTC ultimately prevail on the merits? Does the FTC have the power to regulate private “censorship”? 

Where: Georgetown Law School

When: March 30, 12-2 pm Eastern

RSVP Here

The Culture War, FTC Investigations & the First Amendment

Before he was appointed Federal Trade Commission Chair, Andrew Ferguson promised he would “Fight Wokeness.” He said he would “Hold Big Tech Accountable and Stop Censorship,” “Fight back against the trans agenda,” and “Investigate and prosecute collusion on … advertiser boycotts.” Under his leadership, the FTC has opened investigations into each. A federal district court recently blocked an administrative subpoena sent to Media Matters, a non-profit that researches online harms, but the FTC has appealed. Courts are hearing motions to quash similar investigations into NewsGuard, which help advertisers protect their brands from being associated with hate speech or misinformation. Similar litigation is brewing over the FTC’s investigations into providers of gender-affirming care. The FTC has threatened Apple News and other tech companies with legal action for alleged political bias—and has open investigations into the editorial practices of all large tech companies.