Donald Trump reacted after Twitter fact-checked his posts, with an order directing the FCC to regulate social media platforms.
Background: The US President Donald Trump hit out at Twitter after the social media platform fact-checked one of his posts of 26 May 2020, in which the President made claims about fraudulent mail-in ballots in California. Directly below Trump’s post, Twitter added a link for readers to check sources pointing to no evidence of fraud in mail-in ballots. In response, Trump immediately pledged to pass an executive order to regulate social media.
Trump reacted quickly: On 28 May 2020, the White House issued the Executive Order on Preventing Online Censorship. Under the order, the Commerce Department would ask the FCC for new regulations clarifying when a company's conduct might violate the good faith provisions of the Communications Decency Act, potentially making it easier for tech companies to be sued. The order also instructs the Department of Justice to consult with state attorneys general on allegations of anti-conservative bias, and bans federal agencies from advertising on platforms that have allegedly violated the good-faith principles of the Communications Decency Act. Finally, the order would direct the Federal Trade Commission to report on complaints about political bias collected by the White House and to consider bringing lawsuits against companies accused of violating the administration's interpretation of the Communications Decency Act.
An order on shaky legal grounds: The Order was criticised across the political spectrum as potentially unconstitutional. The affected government agencies also seemed to distance themselves from Trump’s actions. The text of the order is reportedly similar to a draft that in 2019 prompted FCC officials to privately push back. In a statement, the FTC stressed its commitment to enforcement “consistent with our jurisdictional authority and constitutional limitations”. On 2 June 2020, the first lawsuit against the Order was filed by the Center for Democracy and Technology, an advocacy group whose board of directors includes representatives of Microsoft, Mozilla, and the former European Data Protection Supervisor, among others.
