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.
Itâ€™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. Weâ€™ve said over and over that Section 230 is not â€œa gift to big tech companies.â€ Itâ€™s a gift to the internet. Trumpâ€™s order makes that clearer than ever â€” because unlike even a fairly similar proposal from Sen. Josh Hawley (R-MO), its â€œonline platformâ€ definition explicitly targets all websites, not just the biggest by users or revenue.
I wasnâ€™t kidding about the birdwatching forum.
If you take this order seriously, every website with a comment section â€” and possibly even cloud storage services or online creative tools â€” is going to be covered by a convoluted set of probably unconstitutional regulations designed to stop Donald Trump from getting fact-checked on Twitter.