September, 09 2020, 12:00am EDT
New Legislation Is the Latest Attempt by Trump and His Congressional Allies to Bend Online Platforms to Their Political Will
WASHINGTON
On Tuesday afternoon, three Senate Republicans introduced a bill that would restrict the protections granted to online platforms by Section 230 of the Communications Decency Act.
The legislation, proposed by Sens. Marsha Blackburn (R-Tennessee), Lindsey Graham (R-South Carolina) and Roger Wicker (R-Mississippi), would take away the free hand both platforms and user communities have to moderate and take down objectionable content. The bill would restrict those takedowns only to materials platforms have an "objectively reasonable belief" violates a specific law or is "obscene, lewd, lascivious, filthy, excessively violent, harassing" or is "promoting self-harm, promoting terrorism, or unlawful".
The senators crafted the legislation to align with President Donald Trump's ongoing crusade against any online platform that fact checks or contextualizes his postings.
In May, Trump issued an executive order in direct response to Twitter adding a factual correction to his false tweet about the alleged dangers of mail-in voting. Earlier this summer, the Trump FCC opened a proceeding on an administration proposal seeking to modify Section 230 in response to the president's order. And at the end of August, Free Press joined several allies in a lawsuit against the Trump administration, asserting that the executive order is unconstitutional.
The new legislation would undermine online platforms' ability to remove posts containing voter-related disinformation, incitements to violence against racial-justice protesters and claims about false COVID-19 treatments, among other topics. It joins several other legislative proposals designed to chip away at the federal law that shields platforms from legal liability for the material users post online while providing them with the leeway to use efforts "taken in good faith" to moderate content that violates their community standards.
Free Press Action Senior Policy Counsel Gaurav Laroia made the following statement:
Make no mistake: This latest legislation is yet another attempt by President Donald Trump and his congressional allies to bend social-media companies to their political will.
Like the executive order it mimics, the bill from Senators Blackburn, Graham and Wicker is a naked attempt to silence anyone who attempts to correct or criticize Trump. It's as blatantly outrageous as it is unconstitutional.
Section 230 greatly lowers barriers for third-party speech hosted on platforms, large and small. Its provisions are straightforward: An interactive website or service generally will not be subject to publisher liability simply because it hosts third-party content. It also clarifies that these companies have the right to moderate or flag anyone's content that violates their own policies. The law strikes a balance that allows websites of all sizes and types that host user-generated content to flourish.
This draconian bill would greatly limit the ability of websites and platforms to set their own standards for their online communities. It would practically require platforms to host content created by racists, sexists, propagandists and trolls. This legislation forces platforms and users to carry much more 'lawful but awful' content and keep a door open to those who want to drown the internet in an ocean of disinformation and toxicity.
Section 230 enables websites and users, regardless of their size, to tend to their own gardens and set standards for the kinds of discourse they allow without having the government peering over their shoulders to determine what actions are based on an 'objectively reasonable belief.'
This legislation would end this online diversity, and threaten our fundamental freedoms to speak and associate with whom we choose. Members of Congress would be wise to follow the sound logic of their predecessors who created Section 230 in the first place. A regime of government-mandated speech completely undermines efforts to promote free speech and a diversity of views online. Congress should respect the Constitution and the First Amendment and reject this dangerous attempt to push online platforms into service of all things Trump.
Free Press was created to give people a voice in the crucial decisions that shape our media. We believe that positive social change, racial justice and meaningful engagement in public life require equitable access to technology, diverse and independent ownership of media platforms, and journalism that holds leaders accountable and tells people what's actually happening in their communities.
(202) 265-1490LATEST NEWS
'Highly Inspiring' Court Ruling Affirms Nations' Legal Duty to Combat Climate Emergency
"While the United States and some other major polluters have chosen to ignore climate science, the rest of the international community is advancing protections," said one observer.
Jul 04, 2025
In a landmark advisory opinion published Thursday, the Inter-American Court of Human Rights—of which the United States, the world's second-biggest carbon polluter, is not a member—affirmed the right to a stable climate and underscored nations' duty to act to protect it and address the worsening planetary emergency.
"States must refrain from any conduct that reverses, slows down, or truncates the outcome of measures necessary to protect human rights in the face of the impacts of climate change," a summary of the 234-page ruling states. "Any rollback of climate or environmental policies that affect human rights must be exceptional, duly justified based on objective criteria, and comply with standards of necessity and proportionality."
"The court also held that... states must take all necessary measures to reduce the risks arising, on the one hand, from the degradation of the global climate system and, on the other, from exposure and vulnerability to the effects of such degradation," the summary adds.
"States must refrain from any conduct that reverses, slows down, or truncates the outcome of measures necessary to protect human rights in the face of the impacts of climate change."
The case was brought before the Costa-Rica based IACtHR by Chile and Colombia, both of which "face the daily challenge of dealing with the consequences of the climate emergency, including the proliferation of droughts, floods, landslides, and fires, among others."
"These phenomena highlight the need to respond urgently and based on the principles of equity, justice, cooperation, and sustainability, with a human rights-based approach," the court asserted.
IACtHR President Judge Nancy Hernández López said following the ruling that "states must not only refrain from causing significant environmental damage but have the positive obligation to take measures to guarantee the protection, restoration, and regeneration of ecosystems."
"Causing massive and irreversible environmental harm...alters the conditions for a healthy life on Earth to such an extent that it creates consequences of existential proportions," she added. "Therefore, it demands universal and effective legal responses."
The advisory opinion builds on two landmark decisions last year. In April 2024, the European Court of Human Rights ruled that the Swiss government violated senior citizens' human rights by refusing to abide by scientists' warnings to rapidly phase out fossil fuel production.
The following month, the International Tribunal for the Law of the Sea found in an advisory opinion that greenhouse gas emissions are marine pollution under the United Nations Convention on the Law of the Sea and that signatories to the accord "have the specific obligation to adopt laws and regulations to prevent, reduce, and control" them.
The IACtHR advisory opinion is expected to boost climate and human rights lawsuits throughout the Americas, and to impact talks ahead of November's United Nations Climate Change Conference, or COP30, in Belém, Brazil.
Climate defenders around the world hailed Thursday's advisory opinion, with United Nations High Commissioner for Human Rights Volker Türk calling it "a landmark step forward for the region—and beyond."
"As the impact of climate change becomes ever more visible across the world, the court is clear: People have a right to a stable climate and a healthy environment," Türk added. "States have a bedrock obligation under international law not to take steps that cause irreversible climate and environmental damage, and they have a duty to act urgently to take the necessary measures to protect the lives and rights of everyone—both those alive now and the interests of future generations."
Amnesty International head of strategic litigation Mandi Mudarikwa said, "Today, the Inter-American Court affirmed and clarified the obligations of states to respect, ensure, prevent, and cooperate in order to realize human rights in the context of the climate crisis."
"Crucially, the court recognized the autonomous right to a healthy climate for both individuals and communities, linked to the right to a healthy environment," Mudarikwa added. "The court also underscored the obligation of states to protect cross-border climate-displaced persons, including through the issuance of humanitarian visas and protection from deportation."
Delta Merner, lead scientist at the Science Hub for Climate Litigation at the Union of Concerned Scientists, said in a statement that "this opinion sets an important precedent affirming that governments have a legal duty to regulate corporate conduct that drives climate harm."
"Though the United States is not a party to the treaty governing the Inter-American Court of Human Rights, this opinion should be a clarion call for transnational fossil fuel companies that have deceived the public for decades about the risks of their products," Merner added. "The era of accountability is here."
Markus Gehring, a fellow and director of studies in law at Hughes Hall at the University of Cambridge in England, called the advisory opinion "highly inspiring" and "seminal."
Drew Caputo, vice president of litigation for lands, wildlife, and oceans at Earthjustice, said that "the Inter-American Court's ruling makes clear that climate change is an overriding threat to human rights in the world."
"Governments must act to cut carbon emissions drastically," Caputo stressed. "While the United States and some other major polluters have chosen to ignore climate science, the rest of the international community is advancing protections for all from the realities of climate harm."
Climate litigation is increasing globally in the wake of the 2015 Paris climate agreement. In the Americas, Indigenous peoples, children, and green groups are among those who have been seeking climate justice via litigation.
However, in the United States, instead of acknowledging the climate emergency, President Donald Trump has declared an "energy emergency" while pursuing a "drill, baby, drill" policy of fossil fuel extraction and expansion.
Keep ReadingShow Less
Trump Admin Quietly Approves Massive Crude Oil Expansion Project
"This thinly analyzed decision threatens the lifeblood of the American Southwest," said one environmental attorney.
Jul 04, 2025
The Trump administration has quietly fast-tracked a massive oil expansion project that environmentalists and Democratic lawmakers warned could have a destructive impact on local communities and the climate.
As reported recently by the Oil and Gas Journal, the plan "involves expanding the Wildcat Loadout Facility, a key transfer point for moving Uinta basin crude oil to rail lines that transport it to refineries along the Gulf Coast."
The goal of the plan is to transfer an additional 70,000 barrels of oil per day from the Wildcat Loadout Facility, which is located in Utah, down to the Gulf Coast refineries via a route that runs along the Colorado River. Controversially, the Trump administration is also plowing ahead with the project by invoking emergency powers to address energy shortages despite the fact that the United States for the last couple of years has been producing record levels of domestic oil.
Sen. Michael Bennet (D-Colo.) and Rep. Joe Neguse (D-Colo.) issued a joint statement condemning the Trump administration's push to approve the project while rushing through environmental impact reviews.
"The Bureau of Land Management's decision to fast-track the Wildcat Loadout expansion—a project that would transport an additional 70,000 barrels of crude oil on train tracks along the Colorado River—using emergency procedures is profoundly flawed," the Colorado Democrats said. "These procedures give the agency just 14 days to complete an environmental review—with no opportunity for public input or administrative appeal—despite the project's clear risks to Colorado. There is no credible energy emergency to justify bypassing public involvement and environmental safeguards. The United States is currently producing more oil and gas than any country in the world."
On Thursday, the Bureau of Land Management announced the completion of its accelerated environmental review of the project, drawing condemnation from climate advocates.
Wendy Park, a senior attorney at the Center for Biological Diversity, described the administration's rush to approve the project as "pure hubris," especially given its "refusal to hear community concerns about oil spill risks." She added that "this fast-tracked review breezed past vital protections for clean air, public safety and endangered species."
Landon Newell, staff attorney for the Southern Utah Wilderness Alliance, accused the Trump administration of manufacturing an energy emergency to justify plans that could have a dire impact on local habitats.
"This thinly analyzed decision threatens the lifeblood of the American Southwest by authorizing the transport of more than 1 billion gallons annually of additional oil on railcars traveling alongside the Colorado River," he said. "Any derailment and oil spill would have a devastating impact on the Colorado River and the communities and ecosystems that rely upon it."
Keep ReadingShow Less
'An Act of Retaliation': EPA Suspends 140+ Employees for Signing 'Declaration of Dissent'
The employees were put on leave after they signed a letter saying the Trump EPA's actions "endanger public health and erode scientific progress."
Jul 04, 2025
The Environmental Protection Agency (EPA) has put 144 employees on leave after they signed a letter criticizing the Trump administration's "harmful" policies.
EPA press secretary Brigit Hirsch accused the employees of "undermining, sabotaging, and undercutting the administration's agenda." But the union that represents these employees is calling it an act of illegal "retaliation."
The "declaration of dissent", published by Stand Up for Science Monday, had been signed by 620 people as of Thursday. Addressed to EPA Administrator Lee Zeldin, the letter accused the administration of "recklessly undermining" the agency's mission under his watch. It accused the administration of "ignoring scientific consensus to benefit polluters."
"This administration's actions directly contradict EPA's own scientific assessments on human health risks, most notably regarding asbestos, mercury, and greenhouse gases," the letter said.
Since Trump retook office, the administration has eviscerated policies meant to contain pollution, slashing funding for green energy production and electric vehicles while championing increased fossil fuel drilling and consumption. It has also rolled back the enforcement of limits on cancer-causing "forever chemicals" in water.
The signatories also pointed to the Trump EPA's "undermining of public trust" by using official channels to trumpet "misinformation and overtly partisan rhetoric."
They called out EPA press releases, which have referred to climate science as a "religion," EPA grants as "green slush funds," and "clean coal" as "beautiful." The letter also suggested the EPA had violated the Hatch Act by promoting political initiatives like Trump's tariffs and the Republican budget reconciliation bill.
"Make no mistake: your actions endanger public health and erode scientific progress—not only in America—but around the world," the letter said.
The employees also accused the administration of "promoting a culture of fear." They cited comments by top Trump officials, such as Office of Management and Budget Director Russell Vought, who has said he wanted to put EPA employees "in trauma" and make them unable "to go to work because they are increasingly viewed as the villains."
While some signatories signed their names, many others chose to remain anonymous for fear of retaliation. That retaliation came Thursday, when—according to The New York Times—144 employees received an email putting them on leave for the next two weeks "pending an administrative investigation."
The decision was widely criticized as a violation of the employees' First Amendment rights.
Tim Whitehouse, the executive director of Public Employees for Environmental Responsibility, which has previously represented EPA and other employees, said federal employees are allowed to publicly criticize the administration they work for.
"The letter of dissent did really nothing to undermine or sabotage the agenda of the administration," Whitehouse told The Washington Post. "We believe strongly that the EPA should protect the First Amendment rights of their employees."
Bill Wolfe, a former environmental policy professional with Public Employees for Environmental Responsibility, said that the letter "was a classic form of whistleblowing that is protected by federal whistleblower laws and the 1st Amendment, as upheld by federal courts."
Justin Chen, the union representative for EPA employees under the American Federation of Government Employees, told the Times that the agency's actions were "clearly an act of retaliation" and said the union would "protect our members to the full extent of the law."
Despite the punishment, one of the signatories anonymously told The Post that they had no regrets.
"I took the risk knowing what was up," the employee wrote. "I'll say it before, and now it rings even more true … if this is the EPA they want me to work for, then I don't want to work for the EPA."
Keep ReadingShow Less
Most Popular