Presidents/Donald J. Trump/Executive Order
Executive Order Within Constitutional Authority

Remarks Announcing an Executive Order on Preventing Online Censorship and an Exchange With Reporters

Issued 2020-05-28 by Donald J. Trump

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

The President signed an executive order aimed at preventing online censorship. This action calls for new regulations under a part of the Communications Decency Act. These regulations would mean that social media companies that engage in censoring or political conduct might not be able to keep a special legal protection they currently have, known as a liability shield. The order also tells the Federal Trade Commission to stop social media companies from using deceptive practices that affect business. This executive action primarily affects powerful social media companies and is intended to protect the free speech and rights of the American people.

The President stated this order is to defend free speech from what he described as a grave danger posed by social media companies. He argued that these companies have unchecked power to censor, restrict, and alter communication, and that when they make editorial decisions like "fact-checking" or suppressing views, they act as editors rather than neutral platforms. The order aims to address this by potentially removing their liability shield if they engage in such conduct. Executive orders are a long-established use of presidential power, used by every President since George Washington, and are based on the President's constitutional duty to "take Care that the Laws be faithfully executed." However, executive orders cannot create new laws or go beyond the President's constitutional authority, and courts can review them to ensure they follow the Constitution and federal law.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This executive order addresses "Remarks Announcing an Executive Order on Preventing Online Censorship and an Exchange With Reporters". The President's stated reasoning: "and uphold the free speech and rights of the American people." Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."

Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.

Official Summary

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