Section 230 and the Twitter Presidency

115 Nw. U. L. Rev. Online 192 (2020)

32 Pages Posted: 24 Aug 2020 Last revised: 5 Nov 2020

See all articles by Michael Cheah

Michael Cheah

Vimeo, Inc.; University of Miami School of Law

Date Written: July 1, 2020

Abstract

In response to Twitter’s decision to label one of the President’s tweets misleading, the Trump White House issued an executive order to limit the scope of Section 230 of the Communications Decency Act via agency rulemaking. In the Order, Trump calls for the Federal Communications Commission (FCC) to “interpret” Section 230 in a manner that curtails websites’ ability to remove and restrict user speech. This Essay analyzes the Order and concludes that the President’s effort to limit Section 230 will fail. First, the FCC does not have rulemaking authority to issue the proposed rules. Second, the proposed rules cannot be issued because they are inconsistent with the statute. Finally, this Essay will discuss the policy implications of the proposed rules and argue that they would lead to less speech and engagement on the Internet, not more of it.

Keywords: Section 230, Communications Decency Act, 47 USC 230, Intermediary Liability, Internet, Free Speech, Administrative Law, Executive Order, Trump, Facebook, Twitter

Suggested Citation

Cheah, Michael, Section 230 and the Twitter Presidency (July 1, 2020). 115 Nw. U. L. Rev. Online 192 (2020), Available at SSRN: https://ssrn.com/abstract=3654481 or http://dx.doi.org/10.2139/ssrn.3654481

Michael Cheah (Contact Author)

Vimeo, Inc. ( email )

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New York, NY NY 10011
United States

HOME PAGE: http://https://vimeo.com

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

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