Posted on May 28, 2020
Should the Executive Order regarding Social Media be upheld as Constitutional?
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Posted in these groups: 
Donald Trump
Constitution
Donald Trump Constitution
Posted 4 y ago
Responses: 11
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The draft order is at https://kateklonick.com/wp-content/uploads/2020/05/DRAFT-EO-Preventing-Online-Censorship.pdf and is clearly unconstitutional.
First, the President doesn't get to say what the law is, that is the exclusive providence of the judicial system, see Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) ("It is emphatically the province and duty of the Judicial Department to say what the law is." at 177). Trying to say that adding a tag is "editing" is not the providence of the Executive Department.
Second, the President doesn't get to overturn or overrule existing statutes. Changing enacted law is the exclusive providence of the legislative system, see Youngstown v. Sawyer, 343 U.S. 585 (1952) ("It cannot be contended that the President would have had power to issue this order had Congress explicitly negated such authority in formal legislation." J. Frankfurter, concurring, at 602). Congress has said that the social media providers are exempt from liability, Trump doesn't get to change that by Executive Order.
First, the President doesn't get to say what the law is, that is the exclusive providence of the judicial system, see Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) ("It is emphatically the province and duty of the Judicial Department to say what the law is." at 177). Trying to say that adding a tag is "editing" is not the providence of the Executive Department.
Second, the President doesn't get to overturn or overrule existing statutes. Changing enacted law is the exclusive providence of the legislative system, see Youngstown v. Sawyer, 343 U.S. 585 (1952) ("It cannot be contended that the President would have had power to issue this order had Congress explicitly negated such authority in formal legislation." J. Frankfurter, concurring, at 602). Congress has said that the social media providers are exempt from liability, Trump doesn't get to change that by Executive Order.
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CW3 Bill Wynne
SCIENCE SAYS AS OF 28 MAY 2020, IF YOU TAKE CRONO, YOU GO DIE, SOONER THAN EXPECTED. IF YOU THINK GREAT IDEA, TAKE SOME.
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SPC Shaun Shuey
MAJ Ken Landgren - NO the point is how long it has been in use AND the side effects which is direct correlation to your statement "against the advice of the Food and Drug Administration and in the face of studies that have shown it can be harmful in some cases" We've been using it non asthmatic in countries with no known pre-existing cases of malaria. If these side effects are so bad why are we using it without exposure or risk to exposure and these side effects are just coming to light now after 60 some years of use? Such as your aspirin analogy. You only take it when it's needed otherwise if you take it all the time you run the risk of kidney and liver disease.
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Capt Gregory Prickett
SPC Shaun Shuey - FDA cautions against use of hydroxychloroquine or chloroquine for COVID-19 outside of the hospital setting or a clinical trial due to risk of heart rhythm problems.
Does not affect FDA-approved uses for malaria, lupus, and rheumatoid arthritis.
Are you claiming to know more about this than the medical experts?
See https://www.fda.gov/drugs/drug-safety-and-availability/fda-cautions-against-use-hydroxychloroquine-or-chloroquine-covid-19-outside-hospital-setting-or
Does not affect FDA-approved uses for malaria, lupus, and rheumatoid arthritis.
Are you claiming to know more about this than the medical experts?
See https://www.fda.gov/drugs/drug-safety-and-availability/fda-cautions-against-use-hydroxychloroquine-or-chloroquine-covid-19-outside-hospital-setting-or
FDA cautions use of hydroxychloroquine/chloroquine for COVID-19
Does not affect FDA-approved uses for malaria, lupus, and rheumatoid arthritis
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SFC Casey O'Mally
MAJ Ken Landgren what we did to deserve a President like him is vote him in to office. What we jave to do to STOP deserving a President like him is vote him OUT of office.
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MAJ Bryan Zeski
MSG Stan Hutchison It'll be something along the lines of, "But the social media wasn't fair to conservatives and so they were influencing the election, and therefore it's ok to regulate."
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Capt Gregory Prickett
MAJ Bryan Zeski - it doesn't matter if social media is fair to conservatives. It's their property, they can do what they want. I got kicked off of a liberal site about 6 or 7 years ago because I wasn't liberal and I argued with them. That's their right, it's their site.
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I'll point out that the people who want to regulate private property without compensation, who want to tell the owners of Facebook, Twitter, and the like what they can and can't say, are socialists. Yes Cpl Kirk S., that includes you.
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