Elon Musk’s demand to restore the 76-year-old Smith-Mundt Act faced backlash as fact-checkers clarified Barack Obama amended—not repealed—the law in 2012, reigniting debates over government transparency.
The current head of the Foundation for Freedom Online and former employee of the Department of State, Mike Benz, asserted that Barack Obama had abolished the Smith-Mundt Act during an interview with Joe Rogan, Unilad Tech reports.
In 1945, Congressman Karl E. Mundt presented the Smith-Mundt Act, which was signed into law in 1948 by President Harry S. Truman. The plan was to control what the government might say to foreign audiences on the air by blocking any content from the State Department that could potentially reach Americans.
Benz was not alone in his grievances; Musk added, “Restore the Smith-Mundt act!”
Restore the Smith-Mundt act! https://t.co/7M60CXZdp3
— Elon Musk (@elonmusk) March 19, 2025
Actually, the Smith-Mundt Modernization Act of 2012 was an amendment to the Smith-Mundt Act that was passed by Obama’s administration. Because of this, American citizens were allowed to access content created by the State Department and the Broadcasting Board of Governors (BBG).
One Musk admirer wrote that reestablishing the Smith-Mundt Act might certainly aid in keeping things open in government communications, and the comments section was soon crowded with people mistakenly assuming Obama struck the act. Also, there should be a middle ground between propaganda and facts in the United States.
Another individual expressed enthusiasm: “The door for corruption must be shut if we are to continue to live in a free society.”
What reason was given for repealing this law? https://t.co/uAmw3NiUne
— Elon Musk (@elonmusk) October 22, 2024
A sentence from Musk’s Grok was posted, awkwardly, which reiterates that the Smith-Mundt Act was changed rather than repealed. Grok had before asserted that Musk is the most prolific internet disinformation propagandist.
Just one example of how this story has been told before: in October 2024, a Facebook post showed Obama signing a law in the Oval Office with the caption: “This why you got fake news, MSNBC, CNN, ABC, CNBC, NBC, CBS, propaganda machines for the Democratic party.”
Upon further review, the post was found to be inaccurate and was marked as such. Even still, Musk continued to share the same meme as before.
Back then, a community note was added to Musk’s post that said, “The Smith-Mundt Act has not been repealed. The Act was amended in 2012/13 to allow US-sponsored foreign media to be made available ‘on request’. Prior to 2012, this information could not be distributed in the US, despite being available online.”
According to fact checkers, the government is still prohibited by law from producing content that could be seen as an attempt to influence American public opinion.
Musk has been publicly criticized for his familiarity with the Smith-Mundt Act, but he is adamant about wanting it changed anyhow.
Luis Gochoco is a seasoned managing editor and writer with over a decade of experience covering politics, technology, gaming, and entertainment news. With a keen eye for breaking stories and in-depth analysis, he has established himself as a trusted voice in digital journalism. Luis is one of the key forces behind the success of GameNGuide, contributing to 12 million views through engaging and high-traffic content. He also played a pivotal role in generating 8 million views on International Business Times, shaping the platform’s technology and gaming coverage.