In the aftermath of Charlie Kirk's horrific and utterly despicable assassination, celebrations of his death—and violent threats against other conservatives—flooded left-leaning social media platforms like BlueSky. The platforms' failure to remove this content likely violated Apple and Google's app store policies, yet those tech giants took no action.
Contrast that with how swiftly Apple and Google deplatformed Parler after the right-leaning app was accused of fomenting the events at the U.S. Capitol on January 6, 2021.
While conservatives have rightly decried Apple and Google for their hypocrisy, attempting to persuade liberal companies to use their market power fairly is a dead end. The issue requires greater market freedom that bypasses Big Tech censors, and two current pieces of legislation offer just that. The App Store Freedom Act—and its Senate companion, the Open App Markets Act—will help ensure Big Tech companies can't control the marketplace of public discourse.
With President Trump back in the White House, Apple and Google have made overtures attempting to make amends for their past censorship of conservative and religious content. But Big Tech companies' apparent change of heart can't be counted on to last. In all likelihood, they will seek to placate whoever occupies the White House.
Imagine a dedicated app developer, inspired by faith to create a tool for daily Bible study and community prayer. The app, deemed "controversial" for its unapologetic embrace of traditional values, gets buried under arbitrary rules and fees, never seeing the light of day despite its positive and potentially life-changing message.
This hypothetical scenario will be the reality as soon as power changes hands. Apple and Google control the software of over 99 percent of Americans' smartphones. They have long abused this market power to dictate the terms of the digital town square. Without legislation to loosen their grip, these companies will continue to hold veto power over apps that promote faith, individual freedom, or dissenting views.
The App Store Freedom Act would protect the marketplace of ideas from the shifting winds of woke corporations. The bill would require Apple and Google to allow customers to use alternative app stores that could cater to a range of values and belief systems. Consider an app store curated by Christian leaders, or one that takes an "anything goes" approach to free speech. This legislation would allow parents to decide what is best for their children and their families—rather than relying on Apple and Google to make those choices for them.
Given the rightful attention by Congress on children's online safety, Apple and Google have cynically tried to undermine the App Store Freedom Act and other efforts to promote competition by claiming they will make users less safe. But that assertion is belied by the companies' own poor track records in online safety.
A recent complaint to the Federal Trade Commission by the Digital Childhood Institute details how Apple knowingly marketed age-inappropriate apps to children, deceived parents about the efficacy of their parental controls, and entered into exploitative contracts with minors. Similarly, Google rated apps as safe for children that violated their privacy and exposed them to harm.
The monopolies these companies enjoy have not only infringed on free speech; they have failed to protect American families time and again. Apple and Google's exorbitant fees and byzantine review processes prevent entrepreneurs from challenging their dominance, including by competing to create better and safer app experiences for children.
Think of the countless parents who stumble upon disturbing content in their teenagers' downloaded apps yet struggle to uncover the full picture due to Apple and Google's complacency, a carelessness enabled by their monopolies.
The App Store Freedom Act would create the potential for third-party stores with enhanced monitoring tools, allowing parents to better track and choose what apps their kids access. The increased competition will foster safer environments, with clearer disclosures and accountability, empowering parents to guide their children's digital lives in line with their beliefs.
In a free market, there would be myriad ways to get an app to consumers, making this legislation less necessary. But Apple and Google have blocked such a market from emerging to protect their high fees and gatekeeper power.
The App Store Freedom Act represents a return to the freedoms that define us, preventing censorship and ensuring parents can review what their children are seeing online. The House Energy and Commerce Committee can benefit consumers by approving this bill, introducing a truly free market to an industry where there currently isn't one.
Gerard Scimeca is chairman and general counsel for CASE, Consumer Action for a Strong Economy, a free-market consumer advocacy organization he co-founded.
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