Should social media platforms be regulated like utilities?

Best Case

The claim

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The conclusion the argument is trying to establish — what it's asking you to accept.

Toulmin's "claim" is the first node in his argument model; every other element exists to support it.

Major social media platforms function as essential infrastructure for public discourse and should face common-carrier obligations.

The evidence

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The evidence offered in support of the claim — the data, examples, or facts the argument rests on.

Toulmin's "grounds" (also called "data") are the empirical or factual foundation of the argument.

Roughly 70% of US adults get news from social media; concentration in 3–4 platforms creates conditions analogous to telecommunications monopolies that historically warranted regulation. The Knight Foundation's 2023 study finds platform-deplatforming has tangible effects on civic participation, parallel to historical denial of common-carrier access.

The connecting assumption

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The assumption that connects the evidence to the conclusion — often unstated, but essential.

Toulmin's "warrant" is the principle licensing the move from grounds to claim; it's the argument's key premise.

When a private service becomes the de facto public square, the constitutional principles governing public-square speech apply by analogy regardless of formal ownership.

Fatal Flaw

Best Case

The claim

(?)

The conclusion the argument is trying to establish — what it's asking you to accept.

Toulmin's "claim" is the first node in his argument model; every other element exists to support it.

Social media platforms exercise editorial judgment protected under the First Amendment and cannot be forced to carry speech they decline to publish.

The evidence

(?)

The evidence offered in support of the claim — the data, examples, or facts the argument rests on.

Toulmin's "grounds" (also called "data") are the empirical or factual foundation of the argument.

The Supreme Court's 2024 Moody decision held content moderation is protected expressive activity. Editorial discretion was the historical justification for newspapers being immune from common-carrier obligations even at higher concentration than today's platforms.

The connecting assumption

(?)

The assumption that connects the evidence to the conclusion — often unstated, but essential.

Toulmin's "warrant" is the principle licensing the move from grounds to claim; it's the argument's key premise.

Speech-protective frameworks should treat platforms' editorial decisions as analogous to newspaper editorial decisions; otherwise, the principle that the state cannot compel speech is materially weakened.

Fatal Flaw