Once again, in an unprecedented move, the Trump Administration took a significant step in reshaping federal policy on free speech by signing the Executive Order titled “Restoring Freedom of Speech and Ending Federal Censorship.” This sweeping directive responds to growing allegations that government agencies have leveraged a covert workaround through private companies to suppress constitutionally protected speech. The new order—executive in its scope and tone—seeks to reinforce First Amendment protections and ensure government accountability for prior actions deemed infringing on free expression.
The Executive Order opens with a forceful statement of purpose: “The First Amendment to the United States Constitution, an amendment essential to the success of our Republic, enshrines the right of the American people to speak freely in the public square without Government interference.” In a pointed critique, the order accuses the previous administration of trampling free speech rights through coercive pressure on various companies to moderate or remove content it disfavored. “Under the guise of combatting ‘misinformation,’ ‘disinformation,’ and ‘misinformation,’” the document asserts, “the Federal Government infringed on the constitutionally protected speech rights of American citizens.”
Deep state members and supporters argue that the order oversimplifies a complex issue. These defenders say that efforts to counter misinformation were focused on protecting public health and national security during tumultuous times, even as they reversed their official statements while continuing to uphold their previous talking point arguments. As noted in a Washington Post editorial, "Trump’s dangerous misinformation campaign undermines public trust" (The Washington Post, 2020). "While the methods may be imperfect, they were rooted in a desire to safeguard the public interest."
The Executive Order also calls for accountability. It directs the Attorney General, in consultation with other executive department heads, to investigate past federal activities related to censorship and submit a report to the President. This report is to include recommendations for corrective actions. Legal experts note that this provision—while ambitious—faces significant hurdles, much like many other initiatives undertaken by the Trump Administration.
Historical context provides additional nuance. Critics of government involvement in content moderation often point to prior Executive Orders that paved the way for such practices. For instance, Executive Order 13859, signed by President Trump in February 2019, focused on ensuring American leadership in artificial intelligence. While primarily aimed at advancing technology, it included language about countering online manipulation, which some argue could be interpreted as enabling government involvement in content regulation. Similarly, Executive Order 13985, signed by President Biden on his first day in office, directed a review of federal equity policies. While not explicitly about censorship, its implementation reportedly encouraged partnerships with platforms to suppress discriminatory narratives—a move critics say veered into unconstitutional territory.
The debate over the role of government in moderating public discourse is not new, but the rise of social media has significantly amplified its urgency. Platforms like Twitter, Facebook, and YouTube are central to modern communication, serving as key spaces for public debate. In today’s world, people can freely share their thoughts and experiences, making these platforms essential for amplifying diverse voices. The extent to which these platforms should be subject to government influence remains controversial. Legal scholars may argue that while the First Amendment prohibits direct government censorship, ‘jawboning’—informal government pressure on private companies—raises concerns about free speech. This issue becomes even more problematic when private companies share the same ideologies as the government in power, potentially blurring the line between private action and state influence.
The new Executive Order addresses these complexities by drawing a bright line: no federal resources or personnel may engage in activities aborting constitutionally protected speech. Yet its success will depend on rigorous enforcement and the outcomes of the mandated investigations. Transparency will be key to its success. If the administration can substantiate its claims and implement meaningful reforms, the order could set a powerful precedent for future governance in the digital age.
The broader implications of this policy shift extend beyond the immediate political landscape. It underscores the importance of vigilance in safeguarding civil liberties. As Benjamin Franklin famously warned, “Those who would give up essential Liberty to purchase a little temporary Safety deserve neither Liberty nor Safety.”
Throughout its history, the United States has undergone significant transformations, marking the dawn of a new era. The nation’s journey from colonial rule to independence ushered in the Revolutionary Era, characterized by the fight for freedom from monarchical governance. The subsequent abolition of slavery marked another pivotal shift, leading to the Reconstruction Era, which focused on integrating formerly enslaved individuals into society. Today, the United States is experiencing a comparable transformation as it fully embraces the Information Age. This era is defined by the rapid advancement of digital technologies, the proliferation of the Internet, and the seamless exchange of information across the globe. The Information Age has revolutionized how Americans communicate, work, and access knowledge, paralleling the profound societal shifts of previous historical milestones. As the nation navigates this new landscape, it faces challenges and opportunities reminiscent of past transformative periods. The widespread adoption of digital platforms has democratized information dissemination, empowering individuals to share ideas instantaneously. However, it also necessitates a reevaluation of issues such as data privacy, cybersecurity, and the digital divide.
The potential impact of this Executive Order on the future governance in the digital age is significant. Ultimately, the Executive Order’s success will hinge on its ability to navigate the fine line between protecting free speech and addressing the legitimate challenges of misinformation. While the Trump Administration’s bold move signals a renewed commitment to First Amendment principles, its long-term impact remains uncertain and complex. Yet, as the nation grapples with these questions, the words of Abraham Lincoln remind us of the stakes: “The dogmas of the quiet past are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise with the occasion.”
(1) Executive Office of the President “Restoring Freedom Of Speech And Ending Federal Censorship.” January 20, 2025. White House
https://www.whitehouse.gov/presidential-actions/2025/01/restoring-freedom-of-speech-and-ending-federal-censorship/
(2) Executive Office of the President “Maintaining American Leadership in Artificial Intelligence.” February 11, 2019. Federal Register
https://www.federalregister.gov/documents/2019/02/14/2019-02544/maintaining-american-leadership-in-artificial-intelligence
(3) Executive Office of the President “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” January 20, 2021. Federal Register
https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government
(4) Balkin, J. M. “Free speech in the algorithmic society: Big data, private governance, and new school speech regulation.” 2018. University of California, Davis Law Review, 51(4), 1149-1210.
https://lawreview.law.ucdavis.edu/sites/g/files/dgvnsk15026/files/media/documents/51-3_Balkin.pdf
(5) Farhi, Paul “New study says Trump has ‘dangerously undermined truth’ with attacks on news media.” April 16, 2020. The Washington Post
https://www.washingtonpost.com/lifestyle/media/new-study-says-trump-has-dangerously-undermined-truth-with-attacks-on-news-media/2020/04/15/4152f81c-7f2d-11ea-9040-68981f488eed_story.html
(6) Franklin, Benjamin. “Pennsylvania Assembly: Reply to the Governor, 11 November 1755.” November 11, 1755. National Archives
https://founders.archives.gov/documents/Franklin/01-06-02-0107
(7) Lincoln, Abraham. “Annual Message to Congress - Concluding Remarks.” December 1, 1862. Abraham Lincoln Online
https://www.abrahamlincolnonline.org/lincoln/speeches/congress.htm
(8) United States Congress “First Amendment to the United States Constitution.” U.S. Constitution. Amendment I.
https://constitution.congress.gov/constitution/amendment-1/