Exclusive: Trump administration asks court to dismiss Big Tech's challenge to social media executive order

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Exclusive: Trump administration asks court to dismiss Big Tech's challenge to social media executive order
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Exclusive: The Trump administration has filed a motion asking a court to dismiss a lawsuit against the president’s executive order targeting social media companies, calling it a 'profound misunderstanding'

WASHINGTON - The Trump administration has filed a motion asking a court to dismiss a lawsuit against the president’s executive order targeting social media companies, calling it a “profound misunderstanding,” according to a copy of the motion seen by Reuters.

Trump issued an executive order in May against social media companies in an attempt to regulate platforms where he has been criticized, just days after Twitter took the rare step of fact-checking one of his tweets about mail-in voting. Trump threatened to scrap or weaken a law known as Section 230, which protects internet companies from litigation over content posted by users.

“The EO challenged here imposes no obligations on any private party,” said the motion filed by the Department of Justice in the U.S. District Court for the District of Columbia, which was seen by Reuters. Avery Gardiner, CDT’s general counsel, called Trump’s executive order “unconstitutional.” CDT’s lawsuit argues that the White House ran afoul of the First Amendment, which prohibits government officials from retaliating against an individual or entity for engaging in protected speech.

White House spokesman Judd Deere said the administration moved to dismiss the case because “it is not a valid legal argument.”

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