EO 14149: Restoring Freedom of Speech and Ending Federal Censorship
ANALYSIS: This order aims to uphold First Amendment rights by prohibiting federal entities from engaging in activities that could unconstitutionally abridge free speech. It also mandates an investigation into past government actions related to censorship.
The correlation between Executive Order 14149 and Project 2025 lies in their shared objective of reducing government overreach, particularly concerning free speech. Both advocate for minimizing federal involvement in matters that could suppress individual expression, reflecting a commitment to constitutional freedoms.
Potential negative impacts:
Hindrance to Combating Misinformation: By restricting federal agencies from collaborating with social media platforms to address misinformation, the order could impede efforts to control the spread of false information, affecting public health and safety.
Ambiguity in Enforcement: The order's broad language may lead to uncertainties regarding what constitutes "facilitating" censorship, potentially causing federal employees to hesitate in performing legitimate duties that involve content moderation or public communication.
Implications for National Security: Limiting the government’s ability to counteract disinformation campaigns, especially those orchestrated by foreign adversaries, could pose risks to national security by allowing harmful narratives to proliferate unchecked.
Legal Challenges: The directive to investigate past government actions related to censorship might result in legal disputes, diverting resources from other critical governmental functions.
CONCLUSION: Executive Order 14149 aligns with Project 2025's vision of safeguarding free speech and curtailing federal overreach through executive oversight; it raises concerns about effectively managing misinformation, ensuring national security, and the potential for legal complexities. Referenced in Chapter 17: Department of Justice (Gene Hamilton), which condemns federal efforts to combat “misinformation” as unconstitutional and says no federal agent should abridge Americans’ free speech.
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 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. 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;
(c) 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.
(c) 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.
