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De Omnibus Dubitandum - Lux Veritas

Monday, August 12, 2019

Draft White House Executive Order Aimed at Social Media Companies Would Violate First Amendment

August 9, 2019 Competitive Enterprise Institute

Following yesterday’s Politico report about a draft executive order aimed at social media companies’ policies, CNN obtained a copy of the proposed order on Friday.

CEI President and CEO Kent Lassman said:
"Speech is inherently a matter of private action. It is walled off from government depredation by the First Amendment precisely because language is a rudiment of reason, the very mark of humanity that separates us from animals. It is unnatural to assign to another the responsibility to police speech. If launched as a genuine White House policy, this trial balloon will crash spectacularly as people learn of its implications beyond the narrow emotionally laden shouting matches of any given day. The only—legitimate and legal—restrictions on speech must flow from private not public action."
CEI Vice President for Policy Wayne Crews said:
“President Trump's proposed compelled speech executive action would require a significant government apparatus to oversee it, as would the legislative proposals we have seen from Republicans like Sen. Josh Hawley (R-MO). If the right’s concern is the left’s presumed dominance of discourse, the remedies of treating Facebook, Google, Twitter and the like as monopolies or common carriers would worsen the problem. Requiring that they ‘certify objectivity’ will not protect the public nor conservative speech, but deliver the Internet into the administrative state’s clutches, as well as violate the First Amendment.  
“Administrative bodies equipped with such heft are a threat to public discourse;.......To Read More...

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