May 28, 2020
WE'VE DISPOSED OF KINGS FOR THIS SORT OF STUFF:
Trump readies executive order targeting Facebook, Google and Twitter, sparking widespread criticism about threats to free speech (Tony Romm, May 28, 2020, Washington Post)
Trump's order essentially would pave the way for U.S. agencies to revisit and potentially undo long-standing legal protections known as Section 230, which spares tech giants from being held liable for the content they allow online and their own moderation decisions, according to two people familiar with the document, who spoke on the condition of anonymity because it has not been finalized. The Post also obtained an undated draft copy of the order, which sources cautioned could still change before the president signs it.The directive specifically could pave the way for federal officials to seek a new rulemaking proceeding at the Federal Communications Commission to rethink the scope of the law, the people familiar with the document said. A change could have dramatic free-speech implications and wide-ranging consequences for a broad swath of companies reliant on doing business on the Internet.The order also would seek to channel complaints about political bias to the Federal Trade Commission, which would be encouraged to probe whether tech companies' content-moderation policies are in keeping with their pledges of neutrality. It would further create a council along with state attorneys general to probe allegations of political bias, while tasking federal agencies with reviewing their spending on social media advertising, according to the people familiar with the White House's thinking."In a country that has long cherished the freedom of expression, we cannot allow a limited number of online platforms to handpick the speech that Americans may access and convey online," according to an undated draft version of the executive order obtained by The Post late Wednesday.The order could mark the White House's most significant salvo against Silicon Valley after years of verbal broadsides and regulatory threats from Trump and his top deputies. It also may raise fresh, thorny questions about the First Amendment, the future of expression online and the extent to which the White House can properly -- and legally -- influence the decisions that private companies make about their apps, sites and services.It is not clear, however, if the FTC and FCC plan to take the actions sought by the president. The agencies are independent, operating separately of Trump's Cabinet, leaving enforcement to their discretion. The FCC declined to comment, and the FTC did not immediately respond.Jessica Rosenworcel, a Democratic FCC commissioner, blasted the draft order Thursday as unworkable. "Social media can be frustrating," she said in a statement. "But an executive order that would turn the Federal Communications Commission into the president's speech police is not the answer."Others fretted the proposal Trump is considering threatens to circumvent Congress. "The idea you could have an executive order that reinterprets a clear statute that Congress passed, that has been interpreted by the courts for over 20-plus years, as recently as yesterday ... is just nonsense," said Jesse Blumenthal, who leads tech policy work for Stand Together, an organization backed by industrialist Charles Koch.
So if the executive orders a use of administrative law to punish specific foes does that implicate bill of attainder questions?
Posted by Orrin Judd at May 28, 2020 12:45 PM
