- President Donald Trump reportedly plans to announce an executive order aimed at social media companies on Thursday, after Twitter issued its first-ever fact check warning on one of his posts.
- The order is expected to target a 1996 statute that, among other things, allows Big Tech companies to remove content they find “objectionable,” all without any legal ramifications.
- That statute has been widely controversial on both sides of the aisle.
- Twitter CEO Jack Dorsey has also responded to Trump’s criticism against the platform, saying Twitter will continue to issue fact check warnings on misleading posts related to elections around the world.
Trump Announces Executive Order Plans
President Donald Trump took aim at social media companies via an executive order on Thursday as part of an escalating feud with Twitter.
The incident began on Tuesday when Trump posted two tweets regarding mail-in ballots. Shortly afterward, Twitter issued a fact check warning on both tweets.
In those tweets, the president continued to press the idea that mail-in ballots will lead to massive voter fraud—even though the majority of experts disagree.
He also made the claim that California Governor Gavin Newsom plans to send mail-in ballots to everyone living in the state, “no matter who they are or how they got there. Notably, that is not true. Newsom plans to send ballots only to registered voters.
After receiving the label, Trump lashed out against Twitter, saying it was stifling free speech and that he would “strongly regulate” or even “close down” social media platforms.
Now, it seems Trump’s executive order, which was announced Wednesday evening from White House Press Secretary Kayleigh McEnany, plans to target a 1996 statute that shields Big Tech companies from liability for their users’ content.
That’s because this statute also contains a section, Section 230, that allows platforms to remove material they find “objectionable,” all without being treated like a publisher or speaker.
Because of this, Trump and many other Republicans have repeatedly accused social media platforms of having an anti-conservative bias either by getting rid of or invalidating conservative viewpoints.
“These platforms act like they are potted plants when [in reality] they are curators of user experiences, i.e. the man behind the curtain for everything we can see or hear,” a Trump administration official told Politico.
That official went on describe the order as broad and high level, saying it will address claims that Big Tech companies are cherry-picking what content to allow or block instead of acting as politically neutral platforms..
Jack Dorsey Defends Fact Check Labels
Despite this looming order, Twitter CEO Jack Dorsey defended the warning over Trump’s tweets, saying those tweets “may mislead people into thinking they don’t need to register to get a ballot (only registered voters receive ballots).”
Per our Civic Integrity policy (https://t.co/uQ0AoPtoCm), the tweets yesterday may mislead people into thinking they don’t need to register to get a ballot (only registered voters receive ballots). We’re updating the link on @realDonaldTrump’s tweet to make this more clear.— jack (@jack) May 28, 2020
Dorsey added that Twitter will continue to issue fact check warnings.
“Fact check: there is someone ultimately accountable for our actions as a company, and that’s me,” he said. “Please leave our employees out of this. We’ll continue to point out incorrect or disputed information about elections globally. And we will admit to and own any mistakes we make.”
“This does not make us an ‘arbiter of truth,’” he added. “Our intention is to connect the dots of conflicting statements and show the information in dispute so people can judge for themselves. More transparency from us is critical so folks can clearly see the why behind our actions.”
Dorsey specifically used the phrase “arbiter of truth” to hit back at Facebook CEO Mark Zuckerberg, who told CNBC Wednesday that social media companies should not regulate political speech.
“I don’t think Facebook or internet platforms in general should be arbiters of truth,” Zuckerberg said. “I think that’s kind of a dangerous line to get down to in terms of deciding what is true and what isn’t, and I think political speech is one of the most sensitive parts in a democracy, and people should be able to see what politicians say, and there’s a ton of scrutiny already. Political speech is the most scrutinized speech already by a lot of the media.”
Zuck repeats “arbiter of truth” line this AM but says “there are lines.”— Alex Thompson (@AlxThomp) May 28, 2020
“if you’re saying that something is a cure to a disease, that’s proven to be a cure but it’s not…we’ll take that down no matter who says that”
Notes they took down Bolsonaro postpic.twitter.com/9ye4nMNkHL
How Much Power Does Trump Have?
Without congressional action, Trump’s power is limited, it’s also not unlikely to think that Congress could act.
That 1996 statute and Section 230 have been widely controversial on both sides of the aisle. While he’s not in Congress, earlier this year, former Vice President Joe Biden said that Section 230 should be revoked.
Senator Josh Hawley (R-MO) said on Wednesday that he plans to introduce legislation to “end these special government giveaways” and that Twitter “should be divested of its special status under federal law.”
“Why should @twitter continue to get special treatment from government as a mere distributor of other people’s content if you are going to editorialize and comment like a publisher? Shouldn’t you be treated like publisher?” Hawley said
Representative Matt Gaetz (R-FL) also announced plans to propose similar legislation in the House.
Still, legislation like this will likely face opposition.
In October, we saw Republican Representative Cathy McMorris Rodgers said, “I want to be very clear: I’m not for gutting Section 230.”
“It’s essential for consumers and entities in the internet ecosystem,” she added. “Misguided and hasty attempts to amend or even repeal Section 230 for bias or other reasons could have unintended consequences for free speech and the ability for small businesses to provide new and innovative services.”
Additionally, Senator Richard Blumenthal (D-CT) has essentially blamed Trump and other Republicans of playing political theater with these fact check labels.
“Whatever the credible criticisms of current law, Trump’s demagogic meat-ax attack is exactly wrong,” he said. “He intimidates free speech & imperils responsible reform. It’s condemnable.”
Biden Calls on Congress To Extend Eviction Moratorium
The move comes just two days before the federal ban is set to expire.
Eviction Freeze Set To Expire
President Joe Biden asked Congress on Thursday to extend the federal eviction moratorium for another month just two days before the ban was set to expire.
The request follows a Supreme Court decision last month, where the justices ruled the evictions freeze could stay in place until it expired on July 31. That decision was made after a group of landlords sued, arguing that the moratorium was illegal under the public health law the Centers for Disease Control and Prevention had relied on to implement it.
While the court did not provide reasons for its ruling, Justice Brett Kavanaugh issued a short concurring opinion explaining that although he thought the CDC “exceeded its existing statutory authority,” he voted not to end the program because it was already set to expire in a month.
In a statement Thursday, White House Press Secretary Jen Psaki cited the Supreme Court decision, as well as the recent surge in COVID cases, as reasons for the decision to call on Congress.
“Given the recent spread of the delta variant, including among those Americans both most likely to face evictions and lacking vaccinations, President Biden would have strongly supported a decision by the CDC to further extend this eviction moratorium to protect renters at this moment of heightened vulnerability,” she said.
“Unfortunately, the Supreme Court has made clear that this option is no longer available.”
Delays in Relief Distribution
The move comes as the administration has struggled to distribute the nearly $47 billion in rental relief funds approved as part of two coronavirus relief packages passed in December and March, respectively.
Nearly seven months after the first round of funding was approved, the Treasury Department has only allocated $3 billion of the reserves, and just 600,000 tenants have been helped under the program.
A total of 7.4 million households are behind on rent according to the most recent data from the Census Bureau. An estimated 3.6 million of those households could face eviction in the next two months if the moratorium expires.
The distribution problems largely stem from the fact that many states and cities tasked with allocating the fund had no infrastructure to do so, causing the aid to be held up by delays, confusion, and red tape.
Some states opened portals that were immediately overwhelmed, prompting them to close off applications, while others have faced technical glitches.
According to The Washington Post, just 36 out of more than 400 states, counties, and cities that reported data to the Treasury Department were able to spend even half of the money allotted them by the end of June. Another 49 — including New York — had not spent any funds at all.
Slim Chances in Congress
House Speaker Nancy Pelosi (D-Ca.) urged her colleagues to approve an extension for the freeze Thursday night, calling it “a moral imperative” and arguing that “families must not pay the price” for the slow distribution of aid.
However, Biden’s last-minute call for Congress to act before members leave for their August recess is all but ensured to fail.
While the House Rules Committee took up a measure Thursday night that would extend the moratorium until the end of this year, the only way it could pass in the Senate would be through a procedure called unanimous consent, which can be blocked by a single dissenting vote.
Some Senate Republicans have already rejected the idea.
“There’s no way I’m going to support this. It was a bad idea in the first place,” Senator Patrick Toomey (R-Pa.) told reporters. “Owners have the right to action. They need to have recourse for the nonpayment of rent.”
With the hands of the CDC tied and Congressional action seemingly impossible, the U.S. could be facing an unprecedented evictions crisis Saturday, even though millions of Americans who will now risk losing their homes should have already received rental assistance to avert this exact situation.
See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)
Mississippi Asks Supreme Court To Overturn Roe v. Wade
The Supreme Court’s decision to consider Mississippi’s restrictive abortion ban already has sweeping implications for the precedents set under the landmark reproductive rights ruling, but now the state is asking the high court to go even further.
Mississippi’s Abortion Case
Mississippi filed a brief Thursday asking the U.S. Supreme Court to overturn Roe v. Wade when it hears the state’s 15-week abortion ban this fall.
After months of deliberation, the high court agreed in May to hear what will be the first abortion case the 6-to-3 conservative majority will decide.
Both a district judge and a panel of the U.S. Court of Appeals for the 5th Circuit had ruled that Mississippi could not enforce the 2018 law that banned nearly all abortions at 15 weeks with exceptions for only “severe fetal abnormality,” but not rape and incest.
If the Supreme Court upholds the Mississippi law, it would undo decades of precedent set under Roe in 1973 and upheld under Planned Parenthood v. Casey in 1992, where the court respectively ruled and reaffirmed that states could not ban abortion before the fetus is “viable” and can live outside the womb, which is generally around 24 to 28 weeks.
When the justices decided to hear the case, they said they would specifically examine the question of whether “all pre-viability prohibitions on elective abortions are unconstitutional.”
Depending on the scope of their decision on the Mississippi law, the court’s ruling could allow other states to pass much more restrictive abortion bans without the risk of lower courts striking down those laws.
As a result, legal experts have said the case will represent the most significant ruling on reproductive rights since Casey nearly three decades ago, and the Thursday brief raises the stakes even more.
When Mississippi asked the justices to take up its case last June, the state’s attorney general, Lynn Fitch (R), explicitly stated that the petition’s questions “do not require the Court to overturn Roe or Casey.”
But that was before the court’s conservatives solidified their supermajority with the appointment of Justice Amy Coney Barrett — who personally opposes abortion — following the death of liberal Justice Ruth Bader Ginsburg.
New Filing Takes Aim at Roe
With the new filing, it appears that Fitch views the high court’s altered makeup as an opportunity to undermine the constitutional framework that has been in place for the better part of the last century.
“The Constitution’s text says nothing about abortion,” Fitch wrote in the brief, arguing that American society has changed so much that the previous rulings need to be reheard.
“Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” she added, claiming the power should be left to state lawmakers.
“Roe and Casey shackle states to a view of the facts that is decades out of date,” she continued. “The national fever on abortion can break only when this Court returns abortion policy to the states.”
The Center for Reproductive Rights, which represents Mississippi’s sole abortion provider in the suit against the state’s law, painted Fitch’s effort as one that will have a chilling effect on abortion rights nationwide.
“Mississippi has stunningly asked the Supreme Court to overturn Roe and every other abortion rights decision in the last five decades,” Nancy Northup, the president and CEO of the group said in a statement Thursday. “Today’s brief reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country.”
The Supreme Court has not yet said exactly when during its fall term it will hear oral arguments on the Mississippi case, but a decision is expected to come down by next June or July, as is standard.
An anticipated ruling just months before the 2022 midterms will almost certainly position abortion as a top issue at the ballot box.
See what others are saying: (The New York Times) (The Washington Post) (Politico)
Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks
The House Minority Leader said that unless House Speaker Pelosi reinstated the two members, Republicans will launch their own investigation into the insurrection.
Pelosi Vetoes Republicans
Republicans are boycotting the select committee to investigate the insurrection after House Speaker Nancy Pelosi (D-Ca.) rejected two of the five GOP members Minority Leader Kevin McCarthy (R-Ca.) picked to serve on the panel Wednesday.
In a statement, Pelosi cited the “statements and actions” of Rep. Jim Jordan (R-Oh.) and Jim Banks (R-In.), whose nominations she said she was opposing “with respect for the integrity of the investigation.”
Jordan and Banks — both staunch allies of former President Donald Trump — have helped propagate the previous leader’s false election claims, opposed efforts to investigate the insurrection, and voted not to certify the election for President Joe Biden.
A senior Democratic aide also specifically told The Washington Post that Democrats did not want Jordan on the panel because he reportedly helped Trump strategized how to overturn the election and due to the fact he spoke to the then-president on Jan. 6, meaning there is a possibility he could be called to testify before the very same committee.
The aide also said that Democrats opposed Banks’ selection because of a statement he issued after McCarthy chose him.
In the statement, the representative compared the insurrection to the racial justice protests last summer, implied that the rioters were just normal American’s expressing their political views, and claimed the committee was a political ploy “to justify the Left’s authoritarian agenda.”
Notably, Pelosi did say she would accept McCarthy’s three other nominees — including Rep. Troy Nehls (R-Wi.), who also voted against certifying Biden’s win.
McCarthy Threatens Separate Investigation
McCarthy, however, refused to select new members, and instead opted to remove all his appointees from the would-be bipartisan committee.
In a statement condemning the move, the minority leader said that Pelosi’s action “represents an egregious abuse of power.”
“Denying the voices of members who have served in the military and law enforcement, as well as leaders of standing committees, has made it undeniable that this panel has lost all legitimacy and credibility and shows the Speaker is more interested in playing politics than seeking the truth,” he said.
“Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts.”
Pelosi defended her decision during a press conference Thursday, where she said that Banks and Jordan were “ridiculous” choices for the panel.
“When statements are ridiculous and fall into the realm of, ‘You must be kidding,’ there’s no way that they’re going to be on the committee,” she added.