Abstract

Recommender Systems (RS) on digital platforms increasingly influence user behavior, raising ethical concerns, privacy risks, harmful content promotion, and diminished user autonomy. This article examines RS within the framework of regulations and lawsuits in the United States and advocates for legislation that can withstand constitutional scrutiny under First Amendment protections. We propose (re)framing RS-curated content as commercial speech, which is subject to lessened free speech protections. This approach provides a practical path for future legislation that would allow for effective oversight of RS, particularly in areas of substantial public interest like child safety, national security, and misinformation.