2 ms·
Note: providing as followup comment since other is very long. Trump's order is not rulemaking. It's just an order to the federal agencies to start drafting a r
by gamblor956 6y ago
Note: providing as followup comment since other is very long.
Trump's order is not rulemaking. It's just an order to the federal agencies to start drafting a rule that would strip social media companies of CDA protection. Executive agencies have been designated the power to make legislative rules by laws of Congress (which sets forth the required procedure described above) but this grant does not extend to the Executive Office itself (i.e., the president).
As the Axios article notes, a very conservative appeals court just ruled that under the CDA, social media companies aren't public forums for first amendment purposes, so the agencies would also have to come up with a conforming legal justification explaining why social media platforms are public spaces or otherwise subject to the infringement of their private first amendment rights.