Over at The Verge, Adi Robertson does a close read of trump’s executive order. Even if it is rejected by the Supreme Court, the order is unnecessary and scary. Roberson’s analysis is a lesson in First Amendment law.
It’s hard to capture just how badly this order mangles free speech and the entire legislative process. But one of its worst flaws is a common one: making rules that assume every website is Facebook. We’ve said over and over that Section 230 is not “a gift to big tech companies.” It’s a gift to the internet. Trump’s order makes that clearer than ever — because unlike even a fairly similar proposal from Sen. Josh Hawley (R-MO), its “online platform” definition explicitly targets all websites, not just the biggest by users or revenue.
I wasn’t kidding about the birdwatching forum.
If you take this order seriously, every website with a comment section — and possibly even cloud storage services or online creative tools — is going to be covered by a convoluted set of probably unconstitutional regulations designed to stop Donald Trump from getting fact-checked on Twitter.