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March 21, 2018

YouTube’s New Policy Provides Cause for Concern


YouTube’s announcement this week of a new firearms content policy is troubling. We suspect it will be interpreted to block much more content than the stated goal of firearms and certain accessory sales. Especially worrisome is the potential for blocking educational content that serves an instructional and skill-building purpose. YouTube’s policy announcement has also served to invite political activists to flood their review staff with complaints about any video to which they may proffer manufactured outrage.

Much like Facebook, YouTube now acts as a virtual public square. The exercise of what amounts to censorship, then, can legitimately be viewed as the stifling of commercial free speech, which has constitutional protection. Such actions also impinge on the Second Amendment.

Facebook Precedent

In what we see as a parallel situation, Facebook has repeatedly shut down the pages of legitimate and reputable firearms retailers that were following Facebook’s own rules. The interpretation depended on the reviewers, the vast majority of whom have little familiarity with our business practices, let alone our products, and many of whom do not even do their work from American soil.

Both First and Second Amendment rights are essential to the liberty we enjoy as American citizens. In a very real sense, the de facto curtailment of First Amendment right of its firearm related business users, YouTube is edging toward simultaneously infringing upon the Second Amendment rights of the customers of these affected businesses.

Commerce in Firearms is Essential

NSSF YouTube Channel
NSSF’s popular youtube channel is home to over 500 instructional videos.

As Circuit Judge Diarmuid O’Scannlain wrote in his 36-page opinion, “Our forefathers recognized that the prohibition of commerce in firearms worked to undermine the right to keep and bear arms.”

This argument can be logically extended to social media platforms. It is time that social media platform management realizes its broader collective responsibility since it commands so much of today’s virtual public square. Suppressing the expression of First Amendment protected political speech and of commercial speech is wrong, even if they think they are acting in the public interest. The resulting impingement of lawful commerce in firearms that brings with it the infringement of Second Amendment rights is equally wrong and it should stop.