The US Center for Democracy & Technology (CDT), a nonprofit aiming to strengthen individual rights and freedoms by influencing technology policy and the architecture of the Internet, has filed a lawsuit against the Executive Order on Preventing Online Censorship, issued by President Donald Trump on May 28, 2020. The lawsuit claims that the Executive Order is a retaliation against a private company (Twitter) and violates First Amendment rights (freedom of speech) on online platforms and of individuals, by curtailing and chilling their constitutionally protected speech.

Legal experts have warned that Trump's order is on weak legal ground, since it violates the First Amendment (freedom of speech), attempts to rewrite the law without congressional approval, and challenges the independence of the Federal Communication Commission (FCC) and Federal Trade Commission (FTC), both independent agencies of the US government.