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Table of Contents - June 2, 2020

CDT Sues to Overturn Trump's Section 230 Content Liability EO

The Center for Democracy & Technology has filed a lawsuit with the U.S. District Court for the District of Columbia raising First Amendment challenges to President Trump's recent executive order aimed at limiting liability protections for Internet intermediaries.

Last week, just day after Twitter appended a "get the facts" notice to tweets by President Trump stating that mail-in voting will lead to "fraudulent" ballots and "a rigged election," the president signed an executive order calling for regulations to limit Internet intermediaries' ability to claim the liability shield for third-party content in section 230 of the 1996 Communications Decency Act if they remove or limit access to content. It also calls for the attorney general to propose legislative language to change section 230 and says that the Federal Trade Commission-which is an independent agency not subject to administration directives-"shall consider taking action, as appropriate and consistent with applicable law, to prohibit unfair or deceptive acts or practices in or affecting commerce, pursuant to section 45 of title 15, United States Code. Such unfair or deceptive acts or practice may include practices by entities covered by section 230 that restrict speech in ways that do not align with those entities' public representations about those practices" (TR Daily, May 28).

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