EO 14149: Restoring Freedom Of Speech And Ending Federal Censorship

Executive Orders

TLDR

This executive order prohibits federal employees from pressuring social media platforms to remove constitutionally protected speech. It requires the DOJ to investigate past censorship and stops agencies from using government resources to suppress speech. However, the order faces challenges in distinguishing between illegal coercion and legitimate government-platform communication, especially regarding public safety and illegal content.

Executive Order 14149 focuses on prohibiting federal government interference with constitutionally protected speech, particularly addressing concerns about online content moderation. Here’s a breakdown and analysis:

Core Provisions

  1. Prohibition on censorship: Bans federal employees from coercing social media platforms to suppress protected speech (Sec. 3a)
  2. Investigative mandate: Requires Attorney General to investigate alleged past censorship (Sec. 3b)
  3. Policy alignment: Directs agencies to avoid using taxpayer resources for speech suppression (Sec. 2c)

Contextual Analysis

  • The order references Missouri v. Biden (2023), where a federal court preliminarily enjoined Biden administration officials from coercing social media platforms. However, the Supreme Court stayed this injunction in October 2023 pending appeal.
  • Legal precedent establishes that while government coercion of private platforms violates the First Amendment, mere encouragement or information-sharing does not.
  • The order’s broad language about “combatting misinformation” could conflict with legitimate public health/safety communications, as seen in CDC/FDA COVID-19 guidance challenges.

Implementation Challenges

  1. Definitional ambiguity: No clear distinction between unlawful coercion vs. permissible government-platform coordination
  2. Enforcement mechanism: Relies entirely on DOJ self-investigation without independent oversight
  3. First Amendment implications: Potential chilling effect on government’s ability to flag illegal content (e.g., threats, CSAM) to platforms

Constitutional Considerations

While targeting legitimate concerns about state-sponsored censorship, the order’s blanket restrictions might:

  • Infringe on executive branch’s duty to share national security information with platforms
  • Conflict with existing statutory requirements for content reporting (e.g., 18 U.S.C. § 2422)
  • Face judicial scrutiny regarding separation of powers (Youngstown Sheet & Tube Co. v. Sawyer framework)

This appears to continue ongoing legal debates about government-platform interactions rather than establishing new constitutional protections. The order’s effectiveness would depend on subsequent rulemaking and court interpretations of its provisions.

By the authority vested in me as President by the Constitution and the laws of the United States of America, and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1.

Purpose.

The First Amendment to the UnitedS tates 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. Over the last 4 years, the previous administration trampled free speech rights by censoring Americans’ speech on online platforms, often by exerting substantial coercive pressure on third parties, such as social media companies, to moderate, deplatform, or otherwise suppress speech that the Federal Government did not approve. Under the guise of combatting “misinformation,” “disinformation,” and “malinformation,” the Federal Government infringed on the constitutionally protected speech rights of American citizens across the United States in a manner that advanced the Government’s preferred narrative about significant matters of public debate. Government censorship of speech is intolerable in a free society.

Sec. 2.

Policy.

It is the policy of the United States to:

(a) secure the right of the American people to engage in constitutionally protected speech;

(b) ensure that no Federal Government officer, employee, or agent engages in or facilitates any conduct that would unconstitutionally abridge the free speech of any American citizen;

© ensure that no taxpayer resources are used to engage in or facilitate any conduct that would unconstitutionally abridge the free speech of any American citizen; and

(d) identify and take appropriate action to correct past misconduct by the Federal Government related to censorship of protected speech.

Sec. 3.

Ending Censorship of Protected Speech.

(a) No Federal department, agency, entity, officer, employee, or agent may act or use any Federal resources in a manner contrary to section 2 of this order.

(b) The Attorney General, in consultation with the heads of executive departments and agencies, shall investigate the activities of the Federal Government over the last 4 years that are inconsistent with the purposes and policies of this order and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy, with recommendations for appropriate remedial actions to be taken based on the findings of the report.

Sec. 4.

General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025.