Pai Questions Twitter Policies After Further Action Against Trump

FCC Chairman Ajit Pai questioned Twitter’s policies, as the platform for a second day flagged President Donald Trump’s tweets (see 2005280060). Pai asked Friday whether tweets from Iran Supreme Leader Ali Khamenei violate platform rules about glorifying violence, rules that Twitter cited in flagging Trump.

Trump tweeted about the death of George Floyd and riots in Minneapolis. Trump wrote: “These THUGS are dishonoring the memory of George Floyd, and I won’t let that happen. Just spoke to Governor Tim Walz and told him that the Military is with him all the way. Any difficulty and we will assume control but, when the looting starts, the shooting starts. Thank you!” The White House quoted the president’s remark in another tweet, which Twitter also flagged.

Twitter took action to prevent “others from being inspired to commit violent acts, but have kept the Tweet on Twitter because it is important that the public still be able to see the Tweet given its relevance to ongoing matters of public importance,” a spokesperson emailed. Users can no longer like, reply or retweet the tweets in question, but they can retweet with comment.

Trump signed his social media executive order Thursday. Pai said: “This debate is an important one. The Federal Communications Commission will carefully review any petition for rulemaking filed by the Department of Commerce."

FCC Commissioner Brendan Carr welcomed the EO, saying he looks forward to NTIA's petition. NTIA didn’t comment. Carr welcomed Trump’s call for guidance on Communications Decency Act Section 230, which he described as “legal privileges that Congress conferred on social media companies” but on no other speakers: “Internet giants and social media companies now benefit from those Section 230 protections when other speakers do not. Yet the federal government has provided virtually no guidance on the ‘good faith’ limitation Congress included in Section 230.”

Commissioner Geoffrey Starks said he will review the EO and voiced support to bridge the digital divide through quality, affordable broadband. Asked whether he has reviewed the EO, his office didn’t comment Friday.

“The FTC is committed to robust enforcement of consumer protection and competition laws," emailed a spokesperson Friday. That's "including with respect to social media platforms, and consistent with our jurisdictional authority and constitutional limitations."

Sen. Ted Cruz, R-Texas, defended the president and blasted Big Tech, saying industry stifles free speech and shapes what “Americans see, hear, & ultimately think about the major issues facing our country.” Sen. Josh Hawley, R-Mo., also sided with the president, saying Big Tech has manipulated 230 to create its behavioral advertising machine, which has led to dominance and monopolies. He asked why Twitter hasn’t targeted Chinese officials for spreading misinformation about the U.S. role in the origin of COVID-19. Hawley and Trump ally Rep. Matt Gaetz, R-Fla., separately discussed writing legislation to limit Section 230 protections for the tech industry. Hawley accused Twitter of editorializing user posts, and Gaetz claimed election interference from Twitter.

House Homeland Security Committee Chairman Bennie Thompson, D-Miss., said it’s sad Trump used an EO “for political grievance” over an “ego bruised.” The EO lacks any substantive policy, he said, criticizing Trump for frequently engaging in “dangerous misinformation.” Thompson noted social media companies need to “do their part to stem the tide of misinformation and extremist content on their sites.”

Sen. Richard Blumenthal, D-Conn., called the EO a “blatant attempt to use the full power of the United States government to force private companies to lie for the President.” He condemned Trump for attempting to “suborn” the FTC into his “condemnable campaigns.” Sen. Mark Warner, D-Va., saying the EO is a “sad distraction,” called for common sense regulation that’s “desperately needed” for platforms. He blasted Trump for threatening “retaliation if they try to reign in the disinformation, targeted harassment, and voter suppression taking place on their platforms.”

The National Religious Broadcasters welcomed the order, saying it started an “important conversation about the threats posed by powerful social media companies that often censor opinions with which they disagree.” Big Tech’s “viewpoint suppression” is real, said CEO Troy Miller, saying the tech industry should adopt “a free speech charter that ‘utilizes the wisdom of the U.S. Constitution’s First Amendment.’” He said he hopes industry will make voluntary changes.

The EO “reflects a deep misunderstanding” of the section’s purpose and ignores a “quarter century of judicial precedent” establishing it as “affording broad protections to online platforms, including when they moderate, in whatever ways they see fit, the third-party content that they host,” WilmerHale media/entertainment litigator Patrick Carome emailed. “The discretion that platforms may choose to exercise in this context is not something the government may regulate without violating the First Amendment.”