The ongoing ‘Twitter Files’ revelations show that Republicans’ first order of business this coming 118th Congress must be to introduce a legislative firewall between the White House — and its offshoot federal law enforcement agencies such as the Department of Justice and its offshoot, the FBI — and private social media companies. Last summer’s revelations of government pressuring social media executives into blocking users not toeing the official line on COVID was as clear an example of unconstitutional “state action” as any. Courts have long ruled the government cannot pressure private entities, as an “agent of government,” into censoring what itself cannot.
