Item — HN Reader

What? No. Executive order is an order to the executive branch from it's boss the President. It's not going around Congress at all- it's separate from Congress. It's not changing law. All Presidents do this and are allowed to.

You can't do whatever you want via executive order. This is Trump telling the FCC, one of his departments, how to operate, which he can do, as much as I disagree with it.

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The powers of the executive branch are not unlimited and not every order is Constitutionally valid. Especially ones restricting freedom of speech by private individuals.

You're right, I'm merely defending the executive order and outlining it's not a magic wand that lets the President do everything they want.

What of the President's freedom of speech? In one possible (IMO likely) context that it will be viewed in by courts or at least the FCC, Twitter edited this President's speech to contradict himself.

In the US, Congress must explicitly delegate rulemaking powers to an executive agency. Absent such delegation, they cannot issue rules that would change the execution or implementation of the relevant statute. (Rules in this context are federal agency interpretations defining or implementing statutes passed by Congress.)

It appears that Congress did not delegate to the FCC the power to make rules under/implementing the CDA, so regardless of Trump's order, the FCC can do precisely diddly squat about changing the rules of the CDA.

https://www.nbcnews.com/politics/2020-election/legal-experts...