Biden Revokes Trump's Executive Order Targeting Section 230

Biden Revokes Trump's Executive Order Targeting Section 230

WASHINGTON — As part of an order revoking a number of former President Donald Trump’s executive orders, President Joe Biden rescinded last Friday his predecessor’s controversial May 2020 order calling for the repeal of Section 230, the so-called “First Amendment of the internet.”

This is a noteworthy development, since Biden, as a presidential candidate, had also expressed interest in repealing Section 230.

However, as XBIZ reported last year, Trump’s unusual, hastily drafted executive order was less a policy position than a direct reaction to initial attempts by Twitter to fact-check his statements early on during the 2020 presidential campaign.

News wire service Reuters, at the time, described the executive order as “an extraordinary attempt to intervene in the media that experts said was unlikely to survive legal scrutiny.”

The executive order, Reuters reported, attempted “to circumvent Congress and the courts in directing changes to long-established interpretations of Section 230.”

A Controversial Take on 'Online Censorship'

Trump’s May 2020 "Executive Order on Preventing Online Censorship” also ordered “a review of alleged 'unfair or deceptive practices' by Facebook and Twitter and calls on the government to reconsider advertising on services judged to 'violate free speech principles.'"

Trump also called for the Federal Communications Commission (FCC) to propose regulations for Section 230. It asked the FCC to "examine whether actions related to the editing of content by social media companies should potentially lead to the firms forfeiting their protections under Section 230."

XBIZ spoke then with industry attorney Lawrence Walters, a First Amendment expert, who described Section 230 as “critical for online innovation and free expression," and called Trump’s executive order “a shot across the bow of the tech companies, warning them against unfair manipulation of the marketplace of ideas occurring in social media.”

“There are significant First Amendment concerns with any governmental effort to regulate online speech,” Walters added, pointing out that “any order impacting Section 230 immunity will likely be challenged in court. Ultimately, Congress is the only body that can alter the broad protections granted by Section 230.”

The EFF Weighs In

Biden’s revocation, according to digital rights group Electronic Frontier Foundation (EFF), follows a call to do so by a coalition of organizations challenging the order in court.

Organizations including Rock The Vote, Voto Latino, Common Cause, Free Press, Decoding Democracy and the Center for Democracy & Technology, the EFF noted, demanded the Executive Order’s rescission, claiming the impetus behind it was "to punish online platforms that fact-checked President Trump.”

Last year, several organizations filed lawsuits to strike down Trump’s executive order. The challenge is currently on appeal in the Ninth Circuit; an appeal of yet another challenge is currently pending in the D.C. Circuit.

Cooley LLP, Protect Democracy and EFF represent the plaintiffs in the Ninth Circuit appeal.

“We applaud Biden’s revocation of the ‘Executive Order on Preventing Online Censorship,’” the EFF stated, “and are reviewing his rescission of the order and conferring with our clients to determine what impact it has on the pending legal challenge in the Ninth Circuit.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Show More