Biden Revokes Trump's Executive Order Targeting Section 230

Biden Revokes Trump's Executive Order Targeting Section 230

WASHINGTON — As part of an order revoking a number of former President Donald Trump’s executive orders, President Joe Biden rescinded last Friday his predecessor’s controversial May 2020 order calling for the repeal of Section 230, the so-called “First Amendment of the internet.”

This is a noteworthy development, since Biden, as a presidential candidate, had also expressed interest in repealing Section 230.

However, as XBIZ reported last year, Trump’s unusual, hastily drafted executive order was less a policy position than a direct reaction to initial attempts by Twitter to fact-check his statements early on during the 2020 presidential campaign.

News wire service Reuters, at the time, described the executive order as “an extraordinary attempt to intervene in the media that experts said was unlikely to survive legal scrutiny.”

The executive order, Reuters reported, attempted “to circumvent Congress and the courts in directing changes to long-established interpretations of Section 230.”

A Controversial Take on 'Online Censorship'

Trump’s May 2020 "Executive Order on Preventing Online Censorship” also ordered “a review of alleged 'unfair or deceptive practices' by Facebook and Twitter and calls on the government to reconsider advertising on services judged to 'violate free speech principles.'"

Trump also called for the Federal Communications Commission (FCC) to propose regulations for Section 230. It asked the FCC to "examine whether actions related to the editing of content by social media companies should potentially lead to the firms forfeiting their protections under Section 230."

XBIZ spoke then with industry attorney Lawrence Walters, a First Amendment expert, who described Section 230 as “critical for online innovation and free expression," and called Trump’s executive order “a shot across the bow of the tech companies, warning them against unfair manipulation of the marketplace of ideas occurring in social media.”

“There are significant First Amendment concerns with any governmental effort to regulate online speech,” Walters added, pointing out that “any order impacting Section 230 immunity will likely be challenged in court. Ultimately, Congress is the only body that can alter the broad protections granted by Section 230.”

The EFF Weighs In

Biden’s revocation, according to digital rights group Electronic Frontier Foundation (EFF), follows a call to do so by a coalition of organizations challenging the order in court.

Organizations including Rock The Vote, Voto Latino, Common Cause, Free Press, Decoding Democracy and the Center for Democracy & Technology, the EFF noted, demanded the Executive Order’s rescission, claiming the impetus behind it was "to punish online platforms that fact-checked President Trump.”

Last year, several organizations filed lawsuits to strike down Trump’s executive order. The challenge is currently on appeal in the Ninth Circuit; an appeal of yet another challenge is currently pending in the D.C. Circuit.

Cooley LLP, Protect Democracy and EFF represent the plaintiffs in the Ninth Circuit appeal.

“We applaud Biden’s revocation of the ‘Executive Order on Preventing Online Censorship,’” the EFF stated, “and are reviewing his rescission of the order and conferring with our clients to determine what impact it has on the pending legal challenge in the Ninth Circuit.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Alexa Creed Launches New Paysite

Creator Alexa Creed has launched a new membership site through MyMember.site.

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

AEBN Reveals Jade Venus as Top Trans Star for Q1 of 2025

AEBN has named its top trans stars for the first quarter of 2025, with Jade Venus landing atop the leaderboard.

SexLikeReal Debuts 'AI Passthrough' Feature

SexLikeReal has introduced an AI Passthrough for video editing during VR livestreaming.

Ron Jeremy's Accusers Reach Settlement With Rainbow Bar & Grill

The Rainbow Bar & Grill has reached confidential settlements with a group of women who filed a negligence lawsuit against the Sunset Strip restaurant over alleged sexual assaults committed by Ron Jeremy, according to Rolling Stone.

Cherry Kiss, Jordan Starr Top AEBN for Q1 of 2025

AEBN has announced its top-selling stars for the first quarter of 2025, with Cherry Kiss landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

Sportsheets Joins FSC as Gold Member

Sportsheets has joined Free Speech Coalition (FSC) as a Gold-level member.

Age Verification Watch: Two End Runs, Two Failed Bills

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Show More