Category Archives: institutions

Facebook’s Content Moderation Decisions Preferable to One-Size-Fits-All Government Regulation

This news release was originally posted on cei.org.

Facebook announced today it suspended former President Donald Trump from the platform for two years retroactive to January 7, 2021. Responding to a ruling against the former president’s indefinite suspension from its own Oversight Board, the social network also laid out policies for how it would treat content moderation of posts by public officials.

Director of CEI’s Center for Technology and Innovation Jessica Melugin said:

“People who value freedom of speech should be encouraged a private entity like Facebook is attempting to deal with thorny issues about what is and is not permissible speech on their own, without heavy-handed and rigid government regulation. Facebook is under pressure from both sides of the ideological spectrum to enact very different policies toward content moderation and are faced with novel challenges presented by the billions of user-generated post shared on their platform daily. No decision will make everyone happy.

“While it is curious Facebook chose to respond to the Oversight Board’s decision five months early, dealing with these issues without government coercion will allow Facebook to institute policies in line with its own values while not imposing their own content moderation standards on other platforms, as would happen with a one-size-fits-all federal regulatory approach.

“The former president might be suspended from Facebook for two years, but that is not the same as being ‘censored’ or ‘silenced.’ He is still free to make public statements, appear on television and radio, hold rallies, or join other social networks. The government compelling Facebook to carry speech with which it disagrees would be the real threat to free speech.

“Facebook has every right to curate their product as they choose, just as consumers have every right to use a different social media platform with content moderation and community standards more in line with their own.”

CEI senior fellow Ryan Young said:

“What is the right way to deal with malicious, incendiary, or fake content? Nobody knows—and that’s the point. Facebook doesn’t know. President Trump doesn’t know. Nor do Republicans and Democrats in Congress. We are in the middle of a discovery process right now. Maybe Facebook made the right call to ban President Trump from its platforms for two years after his remarks about the January 6 Capitol riots. Maybe they didn’t. Not only does nobody have the correct answer, there likely isn’t a single correct answer.

“What we need is an ongoing process of trial and error, where individuals and companies discover which norms, institutions, and policies will help to slow the spread of misinformation on social media while giving people space to express themselves. Washington is not the place to look to for leadership here. People are already coming up with multiple competing approaches to content moderation. As people try them out, tinker with them, discard them, or improve them, the results will be far better than whatever uniform, politically motivated policy Congress would write down in stone.”

Next week, CEI is holding a book forum for Jonathan Rauch’s “The Constitution of Knowledge: A Defense of Truth.” Join us on Wednesday, June 9 at 12:00pm ET. RSVP here.

CEI Commends Sen. Lankford for Introducing Pandemic Preparedness, Response, and Recovery Act

This press release was originally posted on cei.org.

On Thursday, Senator James Lankford (R-OK) introduced the Pandemic Preparedness, Response, and Recovery Act. The bill would establish an independent commission to identify regulations harming the COVID-19 response, and compile a package for Congress to vote on.

CEI Senior Fellow Ryan Young said:

“The American economy is a lot different than it was a year ago. We are still adapting to the challenges of COVID recovery, and making the country resilient against whatever the next threat might be. Part of that effort needs to include trimming the 185,000-page Code of Federal Regulations. Much of that code is out of date, was hampering the virus response, and will slow the economic recovery going forward.

“An independent commission like the one in the PPRRA is an effective way to go through all those rules and figure out which ones are worth keeping, and which ones the country is better off without. This is not a red-team/blue-team issue. It is a common sense issue, with a bipartisan heritage going back to the successful BRAC commissions of the 1990s that saved billions of dollars in military spending. Congress and President Biden should jointly pursue this bill or something like it.”

CEI Vice President for Policy Wayne Crews said:

“At a time when the administration is passing trillions of dollars of spending in an attempt to jumpstart the economy, powerful deregulatory stimulus, that is, easing or removing unnecessary rules and regulations can make our economy more resilient.

“It is up to Congress has to reassert its primary legislative role and act to reduce regulation, as this juncture ideally can do that via a bipartisan ‘regulatory improvement commission,’ an idea is rooted in bipartisan discussions stretching back over several Congresses.

“The Pandemic Preparedness, Response, and Recovery Act is a logical, sensible, fair and humane approach to dealing with crisis. Under the Act, a bipartisan commission would prepare recommendations for regulatory streamlining, and those would be improved upon by public notice and comment. The resultant report would be issued to Congress, which would have the ability to say yes or no to this new vehicle uniquely expressing an aspect of the will of the people that too often gets neglected. While the regulatory code grows with little relief, the Pandemic Preparedness, Response, and Recovery Act provides a way of disciplining it for the public good, and health.”

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Restoring Separation of Powers and Improving Resilience with the USA Act

Separation of powers is a core principle of American government. But things haven’t gone quite as planned. Congress, the first branch, has increasingly taken a back seat to the second branch, headed by the president. This is not a partisan problem, but a systemic one.

The Framers designed a system of checks and balances in the belief that the different branches of government would compete against each other. They were mistaken. It turned out that it is parties, not branches, that compete against each other. This institution-level problem requires an institution-level fix.

To that end, Rep. Cathy McMorris Rodgers (R-WA) recently reintroduced the Unauthorized Spending Accountability (USA) Act, which seeks to rebalance a tilted scale by reasserting Congress’ power of the purse. It would reengage Congress in policy making, regardless of who runs which branch at any given time.

Only Congress has the power of the purse, yet a long list of unauthorized executive branch programs continue to operate—971 in all as of 2019, at a cost of more than $306 billion. That is roughly a quarter of discretionary federal spending.

The USA Act would automatically cut an unauthorized program’s budget to 90 percent of its previously authorized level in its first unauthorized year, and to 85 percent in the second unauthorized year. Programs would sunset altogether after a third unauthorized year.

The Trump administration displayed less respect for the limits on its power than any previous administration, including the “pen-and-phone” Obama administration. President Biden is unlikely to suddenly show a restraint that no one in his office has in decades. That bodes poorly for the COVID-19 recovery effort, which cannot be planned from Washington, let alone from one individual’s office. Congress needs to reassert itself as a check and a balance on the executive.

The USA Act would require Congress to own up to its budgeting responsibilities, while simultaneously making the executive branch more accountable. The reform is much needed.

As it stands now, there are programs currently operating that Congress has not authorized since the 95th Congress, which was in session from 1977 to 1979. In fact, when Rep. McMorris Rodgers introduced the first version of the USA Act in 2016, entire cabinet-level departments, such as the State Department, had not been congressionally authorized since 2003. The Justice Department was last authorized by Congress in 2009. Other agencies, such as the Bureau of Land Management, have operated for roughly 25 years without congressional authorization.

There is more. The USA Act’s automatic budget cuts and sunsets apply only to programs classified as discretionary spending. Roughly three quarters of federal spending is classified as mandatory, including major programs such as Social Security and Medicare. While Congress has the power to change these programs at any time, they do not require congressional reauthorization, and can continue indefinitely on autopilot.

To address mandatory spending, the USA Act would create a Spending Accountability Commission to examine mandatory spending programs and make them more accountable to Congress. It is especially crucial to make those programs more efficient and fairer, given the coming entitlement crunch. The Commission would also assist Congress in creating a schedule for sunsetting unauthorized programs.

Restoring a proper separation of powers is a tall order. The USA Act is no panacea, but it would mark an important step in crucial area of reform. With a difficult recovery from both COVID-19 and a recession ahead, the time to act is now.