Trump Social Media Liability Order Opens Partisan Divide at FCC

The Federal Communications Commission split along party lines on President Donald Trump’s social media executive order, previewing a potential battle to come as the agency weighs action. Commissioner Jessica Rosenworcel said Trump wants to turn the FCC into “speech police.” Commissioner Mike O’Rielly said he’s troubled that “voices are stifled by liberal tech leaders.” FCC Chairman Ajit Pai, who controls the agency’s agenda, said that the agency will “carefully review any petition for rulemaking filed by the Department of Commerce.” “This debate is an important one,” Chairman Pai added. Commissioner Brendan Carr said in a television interview with Yahoo! News that “it makes sense” to let the public weigh in on the issue. “Existing law has always said that if you engage in bad faith take downs, you don’t get those bonus protections,” he said. Commissioner Geoffrey Starks said that “the First Amendment and Section 230 remain the law of the land and control here.”

The contrasting positions show the challenge the FCC faces as it decides whether to move forward—or not—with the executive order. The agency lacks statutory authority to take the sort of action Trump favors, attorneys say, yet commissioners face pressure to do something. 

“The FCC has no authority to enforce Section 230, so any interpretation it might issue will have no legal effect,” said Andrew Jay Schwartzman, senior counselor at the Benton Institute for Broadband & Society.