The debate over whether Section 230 needs to be updated is an important one. But the proper venue for that debate is in Congress. Not only does the FCC lack the legal authority to regulate internet platforms, doing so would be at odds with the precedent it set when repealing net neutrality rules. 

In its escalating effort to punish social media companies, the Trump Administration has enlisted the Federal Communications Commission (FCC) to do its bidding.

After Twitter labeled one of President Donald Trump’s tweets about alleged voter fraud from mail-in ballots as misleading, he was quick to accuse the platform of censorship and election interference. Just days later, on May 28th, Trump issued an executive order that he claimed was necessary to rein in anti-conservative bias on online platforms like Twitter and Facebook. The order tasked the FCC with “clarifying” the law that promotes free speech online. But not only does the FCC lack the legal authority to interpret the law, doing so would be at odds with its own recent precedent deregulating the broadband market and repealing the agency’s 2015 network neutrality rules. 

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