Trump's FTC Pick Supports Scaling Back Antitrust Enforcement and Punishing Social-Media Platforms That Moderate Hate and Disinformation

WASHINGTON — On Tuesday evening, President-elect Donald Trump named Federal Trade Commissioner Andrew N. Ferguson as his nominee to chair the agency. 

In a Truth Social post, Trump claimed that Commissioner Ferguson has “a proven record of standing up to Big Tech censorship” and “protecting Freedom of Speech.” Ferguson follows in the footsteps of Trump’s recently announced pick for FCC chairman, Brendan Carr, who has similarly claimed the mantle of “free speech champion” despite clear indications that he would use his agency to threaten free speech.

Trump’s announcement closely parallels a document Punchbowl News obtained last week, which is reportedly Commissioner Ferguson’s pitch to serve as FTC chairman. This document, as well as Ferguson’s recent concurrence in an FTC proceeding against the online retailer GOAT, sheds more light on his aims. Like Carr, Ferguson doesn’t care about protecting private individuals or even private businesses from governmental infringement on speech rights. Instead, he hopes to force online platforms to leave up hateful content and disinformation that violates their terms of service and to penalize advertisers for choosing not to have their brands displayed next to extremist content. 

The Punchbowl document also illustrates Commissioner Ferguson’s ambitions for the agency: to make it an extension of the Oval Office, wholly loyal to Trump and accountable to his whims. The document asserts that the FTC, an independent agency created by and accountable to the U.S. Congress, should instead answer directly to the president and, accordingly, pledges to “terminate uncooperative bureaucrats.” 

In addition, Ferguson’s document promises to “end the FTC’s attempt to become an AI regulator” despite the growing importance of AI to the U.S. economy and mounting concern about the harm unregulated AI presents to American consumers. It proposes to increase the number of mergers allowed and deemphasize antitrust investigations. And it ventures to “fight back” against what the document offensively labels the “trans agenda” by launching investigations against doctors, therapists and other medical experts providing gender-affirming care for both children and adults. 

Free Press Co-CEO Jessica J. González said:

“Andrew Ferguson is an extreme pick for FTC chair. He has openly suggested that the government should force social-media platforms to leave up hate and disinformation — and investigate companies that elect not to advertise next to hateful and extremist content. This is a chilling violation of essential First Amendment freedoms. 

“2024 polling from Free Press found that 72 percent of Americans across the political spectrum say it is acceptable for social-media companies to block content that’s racist or otherwise hateful. Yet the incoming FTC chair seems willing to use the full force of his government office to suppress the speech rights of social-media platforms, advertisers and the millions of activists and advocates who are calling on these companies to stop profiting from hate and division.

“There is plenty the FTC can do to rein in abusive tech practices that violate Americans’ privacy and civil rights. Free Press urges the agency to focus on tackling emerging risks to consumers, like the deployment of discriminatory AI systems and the public health and safety risks posed by the rampant harvesting of Americans’ sensitive personal data. We urge the incoming chair to focus on the clear and present concerns of U.S. consumers, and put aside ideological speech regulation. 

“Ferguson is just the latest federal appointee to join Trump’s anti-free-speech crusade. It’s growing more obvious by the day that the incoming administration sees suppressing activism and dissent as a core objective.”