The Biden Administration’s Proposal for Monitoring Social Media: A Call for Congressional Oversight

In recent years, social media platforms have emerged as a significant player in the realm of politics, shaping public opinion and influencing election outcomes. The Biden administration’s proposal to increase monitoring of these platforms has sparked a contentious debate on the potential infringement of individual privacy rights and freedom of speech. This article argues that such monitoring constitutes a significant violation and necessitates substantial oversight from Congress to preserve the constitutional rights of American citizens.

I. Privacy and the Fourth Amendment

The Fourth Amendment to the United States Constitution guarantees individuals protection against unreasonable searches and seizures. The Biden administration’s proposal to increase surveillance on social media platforms raises concerns about the infringement of these rights. As the Supreme Court ruled in Katz v. United States (1967), privacy is not limited to physical spaces but also extends to the protection of people’s electronic communications.

The proposal’s broad scope and potential to access personal information, even when not directly related to national security, create the risk of violating the Fourth Amendment. Without proper oversight and regulation from Congress, the administration could potentially access individuals’ social media data without warrants or probable cause, thereby violating their constitutional rights.

II. Freedom of Speech and the First Amendment

The First Amendment to the United States Constitution guarantees individuals the right to freedom of speech, a cornerstone of American democracy. The Biden administration’s proposal could have a chilling effect on free expression by intimidating users and discouraging them from voicing their opinions on social media platforms.

Increased monitoring can lead to self-censorship, as individuals fear potential repercussions for their online activity. This fear may disproportionately affect marginalized communities and dissenting voices, further stifling diversity of thought and opinion. To ensure that the First Amendment rights of all citizens are upheld, Congress must exercise its oversight responsibilities and scrutinize the proposal’s potential impacts on freedom of speech.

III. The Role of Congress in Protecting Constitutional Rights

As representatives of the American people, Congress has a duty to safeguard the fundamental rights enshrined in the Constitution. By providing oversight and establishing clear guidelines for the monitoring of social media platforms, Congress can ensure that any surveillance measures respect privacy rights and freedom of speech.

Congressional oversight could include a thorough review of the proposal, investigating its potential impacts on constitutional rights, and establishing strict limitations on data collection and usage. Additionally, Congress could require that the administration obtain appropriate warrants before accessing personal information, ensuring that surveillance measures adhere to the Fourth Amendment.

V. Freedom of Speech and Thought as Core Principles of the United States

The United States was founded on the principle of freedom of speech and thought, which the founding fathers recognized as essential for a functioning democracy. These core values are evident in early writings and speeches by influential figures in American history.

A. Thomas Jefferson

Thomas Jefferson, the principal author of the Declaration of Independence and the third President of the United States, was a strong advocate for freedom of speech and thought. In a letter to James Madison in 1787, Jefferson wrote, “A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference.” This statement emphasizes the importance of protecting individual liberties, including freedom of speech, against government encroachment.

In his first inaugural address, Jefferson further emphasized the significance of free speech, stating, “If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it.”

B. James Madison

James Madison, the fourth President of the United States and the “Father of the Constitution,” was another staunch defender of free speech. In the Federalist No. 10, Madison argued that free speech and open debate are essential for a successful democracy, writing, “Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.”

C. Benjamin Franklin

Benjamin Franklin, one of the founding fathers and a polymath, was an outspoken advocate of free speech. In his essay, “On Freedom of Speech and the Press,” Franklin wrote, “Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins.”

D. George Washington

George Washington, the first President of the United States, also recognized the importance of freedom of speech for a thriving democracy. In his Farewell Address, Washington advised, “If men are to be precluded from offering their sentiments on a matter, which may involve the most serious and alarming consequences that can invite the consideration of mankind, reason is of no use to us; the freedom of speech may be taken away, and dumb and silent we may be led, like sheep, to the slaughter.”

These quotations from the founding fathers and early writings underscore the critical role that freedom of speech and thought play in the United States’ democratic foundation. As the nation considers proposals such as the Biden administration’s plan to monitor social media platforms, it is essential to remember and uphold these core principles to preserve American democracy.


The Biden administration’s proposal to further monitor social media platforms has significant implications for the privacy rights and freedom of speech of American citizens. This paper argues that such monitoring constitutes a considerable violation and necessitates robust oversight from Congress to uphold the constitutional rights of the American people. By exercising its oversight responsibilities, Congress can strike a balance between the need for security and the protection of individual liberties, preserving the democratic values at the core of the United States Constitution.

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