EO Circulating, White House Asks Tech to Balance Content Moderation, Free Speech

Social media companies should continue addressing violent online extremism and helping at-risk individuals without compromising free speech, a White House spokesperson said Friday. The comments came after a White House staff-led meeting between senior administration officials and company representatives (see 1908080051). The conversation focused on “how technology can be leveraged to identify potential threats, to provide help to individuals exhibiting potentially violent behavior, and to combat domestic terror,” the official said. “We urge internet and social media companies to continue their efforts in addressing violent extremism and helping individuals at risk, and to do so without compromising free speech.” Meanwhile, industry advocates blasted a summary of a draft executive order reported by CNN that apparently envisions directing the FCC and the FTC to address political censorship on social media. President Donald Trump in July directed his administration to explore all regulatory and legislative methods “to protect free speech” and constitutional rights (see 1907110066). The White House in May solicited evidence of anti-conservative bias by tech platforms (see 1905200036). The contemplated executive order “would transform the FCC and FTC from consumer protection agencies into regulators of online speech,” said TechFreedom President Berin Szoka. “Ironically, the same people screaming about ‘censorship’ by private companies would empower regulators to decide what kinds of online speech should and shouldn’t be taken down.” The White House shouldn’t hamstring efforts to curb online extremism “with politically motivated and likely unconstitutional executive orders about viewpoint neutrality,” said Computer & Communications Industry Association CEO Ed Black. The reported draft order is troubling on several levels, said Public Knowledge CEO Chris Lewis. He cited First Amendment violations, a disregard for the independence of federal agencies and an apparent attempt to unilaterally limit Section 230 of the Communications Decency Act. “In the past we have had a bipartisan consensus from FTC and FCC commissioners that they are not interested in regulating speech or content on the internet,” he said. The president can’t unilaterally change Section 230, Center for Democracy & Technology Free Expression Project Director Emma Llanso said: “There is no legal requirement that social media companies apply any sort of ‘neutrality’ when they decide to remove content.”