RESTORING FREEDOM OF SPEECH AND ENDING FEDERAL CENSORSHIP
This executive order aims to restore freedom of speech by prohibiting federal government censorship and investigating past actions that allegedly violated free speech rights.
It declares a policy to protect free speech, directs investigations and corrective actions regarding past censorship, and clarifies that no federal resources may be used for unconstitutional speech restrictions.
The order also includes provisions to avoid interfering with existing agency authority, dependent on existing appropriations and creating no new legal rights or benefits.
Arguments For
- Intended benefits: Protects and promotes the fundamental right to free speech as enshrined in the First Amendment.
- Evidence cited: The order cites instances of alleged censorship by the previous administration, characterizing it as an infringement on First Amendment rights.
- Implementation methods: Establishes a policy against federal censorship, directs investigations into past actions, and prohibits the use of federal resources for censorship.
- Legal/historical basis: The order is based on the President's constitutional authority and relevant statutes, aiming to uphold the First Amendment.
Arguments Against
- Potential impacts: Could hinder efforts to combat the spread of misinformation and disinformation online.
- Implementation challenges: Determining what constitutes unconstitutional censorship may be difficult and lead to inconsistent enforcement.
- Alternative approaches: Alternative approaches might include educational campaigns promoting media literacy or fact-checking initiatives focused on combating misinformation without stifling free speech.
- Unintended effects: The order might lead to a chilling effect on speech where individuals or organizations self-censor to avoid potential government scrutiny.
By the authority vested in me as President by the Constitution and the laws of the United States of America, and section 301 of title 3, United States Code, it is hereby ordered as follows:
This introductory section establishes the legal basis for the executive order, citing the President's constitutional authority and Section 301 of Title 3 of the US Code as the legal justification for issuing the order.
Section 1. Purpose. The First Amendment to the United States Constitution, an amendment essential to the success of our Republic, enshrines the right of the American people to speak freely in the public square without Government interference. Over the last 4 years, the previous administration trampled free speech rights by censoring Americans’ speech on online platforms, often by exerting substantial coercive pressure on third parties, such as social media companies, to moderate, deplatform, or otherwise suppress speech that the Federal Government did not approve. Under the guise of combatting “misinformation,” “disinformation,” and “malinformation,” the Federal Government infringed on the constitutionally protected speech rights of American citizens across the United States in a manner that advanced the Government’s preferred narrative about significant matters of public debate. Government censorship of speech is intolerable in a free society.
This section states the order's purpose: to protect free speech guaranteed by the First Amendment.
It alleges that the previous administration suppressed speech through online platforms, claiming this violated free speech rights.
It asserts that this censorship is unacceptable in a free society.
Sec. 2. Policy. It is the policy of the United States to: (a) secure the right of the American people to engage in constitutionally protected speech; (b) ensure that no Federal Government officer, employee, or agent engages in or facilitates any conduct that would unconstitutionally abridge the free speech of any American citizen; (c) ensure that no taxpayer resources are used to engage in or facilitate any conduct that would unconstitutionally abridge the free speech of any American citizen; and (d) identify and take appropriate action to correct past misconduct by the Federal Government related to censorship of protected speech.
This section outlines the official US policy regarding free speech.
It mandates the protection of free speech, prohibits federal employees from engaging in unconstitutional speech restrictions, prohibits the use of taxpayer funds for this purpose, and calls for investigating and correcting past censorship.
Sec. 3. Ending Censorship of Protected Speech. (a) No Federal department, agency, entity, officer, employee, or agent may act or use any Federal resources in a manner contrary to section 2 of this order. (b) The Attorney General, in consultation with the heads of executive departments and agencies, shall investigate the activities of the Federal Government over the last 4 years that are inconsistent with the purposes and policies of this order and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy, with recommendations for appropriate remedial actions to be taken based on the findings of the report.
This section details actions to end censorship.
It prohibits any federal entity from acting against the policy stated in Section 2.
It also instructs the Attorney General to investigate past federal actions inconsistent with the order's policy and submit a report with remedial recommendations to the President.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This section includes general provisions.
It clarifies that the order does not limit existing legal authority of any federal agency or department.
Implementation must adhere to existing laws and funding.
It also explicitly states the order does not create any new legal rights or benefits.
THE WHITE HOUSE, January 20, 2025.
This is the closing section, indicating the date and location of the order's issuance.