Risk Mitigation For Social Media Cos. In Light Of Trump Order

Law360 (June 22, 2020, 5:01 PM EDT) -- On May 28, President Donald Trump issued an executive order on preventing online censorship targeting the Communications Decency Act, or CDA, titled "Protection for good Samaritan blocking and screening of offensive material."[1]

While there remain serious doubts as to the legality of the order, including the extent to which it is a constitutionally impermissible viewpoint-based regulation of speech, the order makes it clear that the Trump administration will be urging, or even directing, regulators to scrutinize online speech with a view toward attaching consequences to such speech in circumstances in which regulators have, in the past, treated such speech as immune....

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