In a recent piece for The Libertarian Republic, Market Institute Senior Fellow Norm Singleton explores a troubling trend on the right: using the power of the state to punish private businesses for political speech. In “The Woke Right’s War on the First Amendment,” Singleton warns that conservative leaders may be repeating the same mistakes they criticize the left for making.
“The term ‘woke right’ refers to conservatives who react to challenges to their views—even, or especially if the challenge comes from one of their fellow conservatives—with the same hysteria and attempts to silence dissent as the woke left.”
Singleton points to recent actions by Federal Trade Commission Chair Andrew Ferguson and Federal Communications Commission Chair Brendan Carr, who appear ready to condition regulatory approvals on ideological conformity. For example, Ferguson is reportedly pushing for a “consent decree” that would limit how a merged advertising firm places its clients’ ads, based on assumptions about viewpoint discrimination:
“Unfortunately, some on the right, including Chair Ferguson, think the advertising industry’s real goal in taking these steps is to damage conservatives by ‘colluding to demonetize conservative platforms and voices.’”
Carr, meanwhile, has threatened to block Skydance’s purchase of Paramount over allegations that CBS News was biased in favor of Vice President Kamala Harris during the 2020 campaign. This type of political interference in business transactions based on editorial decisions risks setting a dangerous precedent.
As Singleton writes:
“Boycotts have been a feature of American politics since before the Revolution. Boycotts have been successfully used by the right, the left, and the center… The First Amendment forbids government interference with news organizations.”
The danger, Singleton argues, is not just the abuse of power today, but how that power could be wielded tomorrow:
“Chair Ferguson and Chair Carr should consider how future progressive Chairs could then use FTC and FCC precedents… to investigate conservative media and conservative groups that organize boycotts of companies promoting wokeness or other left-wing policies.”
Regulatory agencies should not be weaponized against political enemies, regardless of who holds power. Singleton calls on federal courts to strike down these efforts and reminds conservatives that true free-market principles include respect for free speech—even when it challenges our views.
“Hopefully the FTC and FCC’s misguided attacks on the First Amendment will be struck down by the courts and the agencies will abandon ‘woke conservatism.’”