Former President Donald Trump has been issued a gag order for a statement he made on social media regarding his fraud case in Manhattan. The federal government typically only gets involved in social media regulation when it comes to crimes such as defamation, credible threats, child pornography, etc. This case marks the first instance in American history where a former president has been issued a gag order. This issue compounds upon itself given that former president Trump is also a candidate in the upcoming 2024 presidential election. Trump’s previous campaign style – and post-loss actions in the 2020 presidential election – utilized social media to an unprecedented degree. Trump will now find difficulty in using the same vitriolic online mudslinging tactics he has employed in his political career.
More political figures have taken to the social media stage in recent years, most of them trying to reach a younger voter base, such as Vivek Ramaswamy with TikTok. Social media sites such as X, formerly known as Twitter, will have to start making landmark policy decisions regarding how they will handle the chaotic developments in the technological world that could affect the 2024 election. Disinformation is among the most scrutinized issues among social media policymakers, especially when it could affect the sanctity of American elections. Recently X removed a feature that allowed its users to flag posts as containing misinformation or misleading content, that would then be reviewed by a designated team at X. Under the influence of Elon Musk, X seems to have taken a stance supporting free speech over limiting disinformation.
Some have called for the Federal government to step in and protect their first amendment rights to free-speech. California and Texas have taken steps to reduce disinformation in state-level elections by banning AI deep fakes involving the election or its candidates, but some see this as a violation of their rights to free speech. The Federal Government has expressed desire to regulate AI deep fakes, a tool that can be used to spread misinformation, but given the slow nature of passing federal policy, this type of action will most likely not be in time for the 2024 presidential election. The biggest concern among policymakers is that social media disinformation through the use of emerging technologies will lead people to false conclusions and foster hate in an already divided country.
The gag order placed on former president Trump may incite some of his supporters to ‘campaign’ for him, using AI deep fakes, threats, and disinformation to discredit President Joe Biden, Trump’s likely opponent. Collaboration between state and federal governments and social media and tech companies will be crucial in maintaining a well-informed electorate.
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