On May 28, 2020, President Trump signed an executive order calling for new regulations for social media platforms. Erin Kelley, who teaches Social Media and the Law, offers her perspective.
President Trump’s Executive Order “Preventing Online Censorship” has more political implications than legal ones. It does nothing to change current application of Section 230 of the Communications Decency Act, but starts building a record that could push Congress to amend the law in the future.
Section 230 is one of the most influential laws shaping the modern internet. Facebook, YouTube, and Twitter have billions of users creating rich sites of user-generated content. The law’s protections allow for the fullest freedom of expression possible on these private platforms, as the providers are both protected from publisher liability arising from user-generated content, and also protected from civil lawsuits over wrongfully taking down content.
That second part is particularly explored in the Executive Order. 47 U.S. Code § 230(c)(2)(A) permits interactive computer services the ability to in “good faith” remove or restrict access to “material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”