'Unlawful and Unenforceable': Legal Experts Deride Trump's Attempt to Target Social Media Companies
A draft version of the executive order calls to clarify the current protections given to online publishers, a move that could open up platforms to legal challenges.
May 28, 2020 at 10:10 AM
5 minute read
The original version of this story was published on National Law Journal
Legal Twitter lit up overnight as lawyers largely denounced an executive order President Donald Trump is expected to sign Thursday limiting free speech protections for social media platforms.
The president is expected to ask for a review of protections provided by Section 230 of the Communications Decency Act, which largely protects providers from liability for content posted on their platforms, according to various media reports. The current form circulating on social media calls to strip that immunity if online publishers restrict access to content in a way that is "deceptive or pretextual" or "inconsistent with an online platform's terms of service."
The order, according to the draft, requests that the Federal Communications Commission clarify new regulations under Section 230. Complaints over censorship of content posted on the platforms would be submitted to the Department of Justice and Federal Trade Commission, with the FTC determining whether any alleged censorship violates the law.
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