Trump’s executive order on social media is legally unenforceable, experts say

“Trump’s new order aims to limit social media companies’ legal protections if they don’t adhere to unspecified standards of neutrality. It comes just two days after Twitter fact-checked two of his tweets that made misleading claims about voting-by-mail in the 2020 elections.”

“The order calls for limiting protections that a law called Section 230 offers tech companies like Twitter, Facebook, and Google by not holding them responsible for what users post on their platforms.”

“To do this, the order tasks regulators at the Federal Communications Commission and the Federal Trade Commission to create new rules that could pull back some of those protections, potentially opening them up to a litany of lawsuits for libel, defamation, and other complaints.”

“Critics — including, reportedly, some of Trump’s most conservative advisers — have warned the order could set a dangerous and unconstitutional precedent that the president can use executive powers to effectively censor companies for political reasons.Many legal experts say the order is largely toothless and will be challenged in court.” 

“Ironically, it’s actually Trump — not Twitter — who is wading into unconstitutional territory here. If Trump were to try to shut down social media companies in retaliation for Twitter’s fact-check of his tweets, that would be a clear violation of the First Amendment. It would be sure to invite a fierce legal challenge and would signal an alarming attempt by the president of the United States to wield his executive power against one of the most fundamental rights in this country.”

https://www.vox.com/recode/2020/5/28/21273878/trump-executive-order-twitter-social-media-section-230-free-speech-implications

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