Fact Check: The Digital Equity Act is unconstitutional and illegal.

Published July 9, 2025

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VERDICT

False

# Fact Check: "The Digital Equity Act is unconstitutional and illegal." ## What We Know The Digital Equity Act, part of the Bipartisan Infrastructure...

Fact Check: "The Digital Equity Act is unconstitutional and illegal."

What We Know

The Digital Equity Act, part of the Bipartisan Infrastructure Law passed in 2021, aims to promote digital inclusion and ensure that all Americans have access to broadband internet. It allocates $2.75 billion to support programs that help underserved populations, including low-income individuals, rural residents, and racial and ethnic minorities, to gain access to digital resources and skills necessary for participation in modern society (source-1, source-8).

Recently, former President Donald Trump criticized the Digital Equity Act, labeling it as "unconstitutional" and "illegal" in a post on Truth Social (source-2, source-4). However, there has been no legal challenge to the Act, and experts assert that it is on solid legal ground (source-3, source-6). The Act's objectives align with broader social and economic goals, aiming to bridge the digital divide that affects millions of Americans (source-3).

Analysis

The claim that the Digital Equity Act is unconstitutional lacks substantiation. The U.S. Constitution grants Congress the authority to legislate on matters of commerce and welfare, which includes ensuring equitable access to broadband. The Digital Equity Act was enacted through a legitimate legislative process, and its provisions are designed to address significant disparities in internet access (source-3, source-8).

Critics of Trump's assertion point out that neither he nor the Secretary of Commerce has the authority to unilaterally declare a law unconstitutional; such determinations are reserved for the judiciary (source-6). The lack of any legal challenges to the Digital Equity Act further supports the argument that it is constitutionally sound (source-5).

Additionally, the Act's goals are widely recognized as necessary for fostering social equity and economic opportunity, particularly for marginalized communities that have historically been underserved in terms of digital access (source-3, source-4).

Conclusion

The claim that "The Digital Equity Act is unconstitutional and illegal" is False. The Act was passed through a legitimate legislative process and aims to address critical issues of digital access and equity in the United States. There is no legal basis for the assertion that it is unconstitutional, and such determinations are the purview of the courts, not the executive branch. The Digital Equity Act remains a vital tool for promoting digital inclusion and bridging the digital divide.

Sources

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