Breaking Down and Taking Down Trump’s Executive Order Spanking Social Media.

(A substantially similar version of this appeared first on the blog of my employer, Public Knowledge)

It’s hard to believe Trump issued this stupid Executive Order a mere week ago. Even by the standards of insanity known as the Trump Administration, the last week has reached heights of insanity that make a full frontal assault on the First Amendment with anything less than tear gas and tanks seem trivial. Nevertheless, given the vital importance social media have played in publicizing the murders of George Floyd, Ahmed Arbery, and too many others, how social media have broadcast police brutality against peaceful protesters to be broadcast live around the world from countless locations, and how social media has allowed organizers to to coordinate with one another, we need to remember how vitally important it is to protect these means of communication from being cowed and coopted by the President and others with power. At the same time, the way others have used social media to spread misinformation and promote violence highlights that we have very real problems of content moderation we need to address.

 

In both cases, Trump’s naked effort to use his authority to threaten social media companies so they will dance to his tune undermines everything good about social media while doing nothing to address any of its serious problems. So even though (as I have written previously) I don’t think the FCC has the authority to do what Trump wants (and as I write below, i don’t think the FTC does either), it doesn’t make this Executive Order (EO) something harmless we can ignore. Below, I explain what the EO basically instructs federal agencies to do, what happens next, and what people can do about it.

 

More below . . . .

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My Letter To Trump On Why I Need to Hear Him Say: “Anti-Semitism Is Bad.”

Dear Mr. President.

 

Why is it so hard for Donald Trump to say “Anti-Semitism is bad, and the US government will protect all people from hate crimes no matter what their race or religion”? This is really getting deeply troubling.

 

Yes, I get it. Jared, Ivanka, the grandkids. You love Israel. You get on great with Bibi. You have lots of Jewish friends. I’m sure Trump Tower makes the best falafel and humous on Israel Independence Day, and the best chopped liver on Rosh Hashanah.

 

But for some reason, in several consecutive press conferences, the rather simple and straightforward statement that “Anti-Semitism is bad. The government of the United States will not tolerate threatening Jews with violence, vandalizing synagogues or Jewish institutions, or otherwise treating Jews differently than anyone else,” or words to that effect, have not come out of your mouth. And that is a real problem for me.

 

I’m an Orthodox Jew. I’m generally supportive of the State of Israel. And, if Trump Tower had a hechsher, I’m sure I’d love your felafel or chopped liver. I’m also an American, and very proud of that. I have always been proud of being an American citizen. I have thrilled with pride when I testify before Congress on super boring telecommunication policy that here I am, wearing my kippah, being all open Jew person, and not here just to testify on Israel of some other Jewish topic. I walk through the “Halls of Power” not as a supplicant petitioning for favors — as my ancestors in Europe and the Middle East were forced to do — but as a proud citizen exercising my First Amendment right to “petition the government for redress of grievances.”

 

I have spent the bulk of my professional life in public policy, because I passionately believe in the promise and ideals of the United States of America.

 

And yes, you are my President. True, I voted against you. I oppose just about every policy decision you have made so far. But you are still the man who was elected President of the United States under the rules of the Constitution. That makes Donald Trump the President of the United States, and therefore my President.

 

So please understand. I really, really need to hear my President say: “The President of the United States denounces anti-Semitism. You, Harold Feld, have the same rights as every other American.” Not “hey, I’ve got Jewish grandkids” or “I’m the least Anti-Semitic person ever.”

 

I know I’m not the only one who probably needs to hear that explicitly. I know in these times that other people are under attack for their religion, for their race, for their gender or sexual orientation. I’m pretty sure they want to hear it explicitly from their President (whether they like him or not, whether they believe him or not). But I can only speak personally for me. I can tell you, as an American and Orthodox Jew, that I need to hear from my┬áPresident that I am still an American who just happens to be Jewish — not a Jew who happens to live in America.

 

If you aren’t sure exactly what to say, here are the words that our first President, George Washington, used to reassure the Jews of Newport Rhode Island. At the time, there was not a single country in the world where Jews enjoyed equal rights as citizens. The best Jews could hope for was “toleration,” which could be withdrawn at any time. President Washington therefore reassured the Jews of America:

 

“It is now no more that toleration is spoken of, as if it was by the indulgence of one class of people, that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support.”

 

It would mean an awful lot to hear you quote those words, or say something similar.

 

Sincerely,
An American Citizen who happens to also be an Orthodox Jew