Could President Trump claim a national security threat to shut down the internet?

“I have the right to do a lot of things that people don’t even know about,” President Donald Trump said in a 2020 Oval Office exchange. One of those powers is his authority to shut down radio, television, both wireless and wired phone networks, and the internet. It is not a big step from using the power of the government to threaten free expression to actually doing something to curtail that expression. All it takes is a unilateral “proclamation by the President” of the existence of a “national emergency.”

What are we as citizens to do? The courts have thus far been the watchdog when President Trump overreaches. But judicial review is a slow process that requires a triggering event. The chances the divided congress would act are infinitesimal, and even then, President Trump would have to sign the bill. Our best defense is vigilance. As we head into the election of 2020, the House of Representatives should hold hearings to shine the spotlight on presidential powers “people don’t even know about,” including Section 706. Of course, an informed and aware public is the first defense against authoritarian abuse. But also, if we have learned anything from COVID-19 it is the importance of anticipating problems and identifying solutions before they happen.

[Tom Wheeler was Chairman of the Federal Communication Commission from 2013 to 2017.]