The Question and Answer Board

[IH Geek [Dave]]

More specifically:

https://www.eff.org/deeplinks/2020/05/trump-executive-order-misreads-key-law-promoting-free-expression-online-and

FF filed amicus briefs in Prager U and Manhattan Community Access, urging that very result. These cases thus foreclose the President’s ability to intrude on platforms’ editorial decisions and to transform them into public forums akin to parks and sidewalks.

But even if the First Amendment were not implicated, the President cannot use an order to rewrite an act of Congress. In passing 230, Congress did not grant the Executive the ability to make rules for how the law should be interpreted or implemented. The order cannot abrogate power to the President that Congress has not given.