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— As part of an order revoking a number of former President Donald Trump’s executive orders, President Joe Biden rescinded last Friday his predecessor’s controversial May 2020 order calling for the repeal of Section 230, the so-called “First Amendment of the internet.”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 © 2024 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

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More