Richard Newman Quoted by Communications Daily on Social Media Executive Order

On June 12, 2020, Communications Daily quoted Richard B. Newman about the executive order recently signed by President Trump that is aimed at removing some of the legal protections given to social media platforms.

The order is expected to face legal challenges, particularly with respect to the modification of the breadth of immunity enjoyed by website operators for the content posted by users when posts are edited.

The executive order calls for the Federal Communications Commission to reexamine the scope of Section 230 of the Communications Decency Act.  Additionally, the Federal Trade Commission is directed to review potential cases of anti-conservative bias on behalf of social media platforms under its Section 5 authority to investigate and take action against unfair or deceptive acts or practices.

Mr. Newman’s quote in the article expressed that the agency might be able to investigate and enforce UDAP if a platform represents that “it is neutral, but instead facilitates such a bias,” Mr. Newman stated.  “It is highly unlikely that the FTC is terribly motivated to get involved, let alone whether the agency even possesses the authority to enforce” Section 230 under its FTC Act Section 5 authority.”

See the full Communications Daily article, “Attorneys Say FTC Enforcement Unlikely After Trump’s Social Media EO.”

Communications Daily solicited Mr. Newman’s opinion about the issue because he has extensive experience defending FTC actions and investigations (CIDs).  Please contact Hinch Newman at 212-756-8777 if you have any questions regarding FTC regulatory policy, or if you are the subject of an enforcement action or civil investigative demand.

Richard B. Newman is an advertising practices attorney at Hinch Newman LLP and represents digital marketers in proceedings and investigations conducted by the Federal Trade Commission.  Follow FTC defense lawyer on National Law Review and on Twitter at FTC Defense Lawyer.

Informational purposes only. Not legal advice. May be considered attorney advertising.