In August 2025, President Trump passed an executive order called Guaranteeing Fair Banking for All Americans. The executive order is designed to stop financial institutions from shuttering or denying accounts to people as a result of their political or religious beliefs or for engaging in lawful business. There have been several thoughtful write-ups about this EO, so if you’re looking for an overview I’d recommend checking out Perkin’s Coie’s detailed overview with some historical context, Arnold Porter’s analysis, and this post from America’s Credit Unions on how the EO applies to credit unions. To explore some of the legal uncertainties around the EO, check out this analysis from Ballard Spahr.
This post won’t cover everything in the EO and will instead focus specifically on how this EO intersects with financial censorship. As a reminder, financial censorship refers to when financial companies shutter the accounts of or deny accounts to people or businesses engaged in legal speech. Sometimes financial censorship is prompted by direct or indirect government pressure. Other times, that pressure is indiscernible. Financial censorship is a way of punishing disfavored speakers—pushing them toward silence through financial exclusion, even when the First Amendment would prevent the government from directly or indirectly censoring them. Financial censorship is thus a subset of actions within the larger field of what is referred to as debanking, which can include ending or denying financial services for reasons unrelated to speech.
The Executive Order’s Impact on Speech
From a speech perspective, there are components of the executive order that are extremely promising, positioning the U.S. government as a proponent of financial neutrality and access while removing harmful language about reputation risk from regulatory guidance. In other ways the EO falls short: failing to safeguard banking access for all those engaged in legal speech and instead narrowly protecting only some financial customers. It’s written with a focus on a one-sided political narrative, which may indicate how it will be interpreted and enforced. Finally, there are a few aspects of the EO that are vague enough to leave questions about how the language will be interpreted.
The long term impact of the EO on the financial industry may take years to truly understand. Future legislation could address the shortcomings of the EO—or entrench these problems within the law.
Some of the core aspects of the EO from a civil liberties perspective:
- Creating the concept of “politicized or unlawful debanking.“
The EO is anchored to the term “politicized or unlawful debanking.” Notably, the “or” is carrying a lot of weight here—seemingly acknowledging that some of the practices the EO is discouraging are not strictly illegal. That’s because it generally isn’t illegal for banks and other financial institutions to end (or decline potential) relationships with customers for a range of reasons, including for speech the clients engage in that the financial institutions find disagreeable.
Here’s how the executive order defines the term: Sec. 3. Definitions. (a) The term “politicized or unlawful debanking” refers to an act by a bank, savings association, credit union, or other financial services provider to directly or indirectly adversely restrict access to, or adversely modify the conditions of, accounts, loans, or other banking products or financial services of any customer or potential customer on the basis of the customer’s or potential customer’s political or religious beliefs, or on the basis of the customer’s or potential customer’s lawful business activities that the financial service provider disagrees with or disfavors for political reasons.”
Some things to note here:
First, this concept applies to both existing customers and potential customers, which is great. While most of the instances of financial censorship documented in Transaction Denied describe existing customers having their accounts closed or temporarily suspended, there are also some instances of people being denied accounts due to their speech. That’s why it’s important to capture both existing customers and potential customers in any protections.
The definition of financial institutions seems to be fairly broad, including “other financial services providers,” which might encompass entities like credit card networks, payment providers, and other intermediaries within the larger payment ecosystem. If so, this approach makes sense; many of the documented cases of financial censorship happen somewhere along the payment ecosystem, like a payment processor, rather than at a bank or credit union. However, it’s unclear whether this is supposed to apply to other entities, like crowdfunding platforms like GoFundMe or investment managers. (Note that crowdfunding platforms and investment managers are outside of the research scope of Transaction Denied.)
The type of debanking the executive order is trying to target is debanking that happens on the basis of one’s political or religious beliefs or lawful business activity “that the financial service providers disagrees with or disfavors for political reasons.” It’s possible the “for political reasons” clause at the end may weirdly narrow this provision. For example, would it be OK for a financial service provider to shut off a customer for lawful business activity that it disfavored on moral (rather than political) grounds?
The biggest concern with this definition is the potential for financial companies to continue speech-based debanking that might fall outside of these three categories (political, religious, or lawful business). For example, what about a student who loses their credit card after writing an op-ed against school policies, if the issue wasn’t precisely religious or political in nature? Or an independent journalist whose payment services are shuttered after she publishes leaked documents on her blog? An overly narrow interpretation of these terms could unfortunately limit the EO’s application.
Perhaps unsurprisingly, the EO seems very much inspired by news coverage about right-leaning political activists losing their banking services. While this may have prompted an important conversation about debanking, it is a mistake to focus solely on these examples that fit neatly into a single political narrative. Instead, it would be better to take a values-driven, principled approach to thinking about speech-based financial exclusion and its impact on our democracy.
- This Executive Order does not explicitly ban all forms of debanking connected to legal speech.
This shortcoming is connected to the prior point, but it bears highlighting on its own: the EO is very much tied to three specific concepts: religious beliefs, political beliefs, and lawful business activity. This means that the EO isn’t attempting to protect against all debanking stemming from any form of legal and constitutionally protected speech. That’s disappointing, and it’s worth asking who might be left out of this definition. It seems to leave open the possibility that people who express legal sexual speech online (for example by posting boudoir photos of themselves on social media), or people who publish non-political documents that run contrary to powerful interests (for example, people posting politically-neutral medical information online) could still face discrimination from financial services.
The EO could be strengthened and perhaps made less of a political football itself by including prohibitions against debanking on the basis of lawful, First Amendment protected speech. That’s something that could be addressed in future legislation on this issue.
- The Executive Order directs regulators to remove reputational risk from their guiding documents
I consider this the single best part of the EO. It’s worth highlighting and celebrating. While other parts of the EO may be worrisomely vague and overly politicized, this is a clear win for civil liberties advocates. It says:
“Within 180 days of the date of this order, each appropriate Federal banking regulator shall, to the greatest extent permitted by law, remove the use of reputation risk or equivalent concepts that could result in politicized or unlawful debanking, as well as any other considerations that could be used to engage in such debanking, from their guidance documents, manuals, and other materials (other than existing regulations or other materials requiring notice-and-comment rulemaking) used to regulate or examine financial institutions over which they have jurisdiction.”
As a reminder, “reputational risk” refers to the idea that financial companies like banks could reduce the risk to their organization by distancing themselves from customers that might be seen as negatively impacting the business’s public reputation. This is a vague concept, and it can go beyond ending the financial accounts of those convicted of criminal wrongdoing.
While reputational risk may sound intangible, it actually found its way into the guidance issued by government regulators. As just one example, the US Office of the Comptroller of the Currency (OCC) referred to reputational risk in its 2019 Comptrollers Handbook, stating: <EXT>Reputation risk is the risk to current or projected financial condition and resilience arising from negative public opinion. . . . The assessment of reputation risk should take into account the bank’s culture, the effectiveness of its problem-escalation processes and rapid-response plans, and its engagement with news media. </EXT>
Because it was included in official guidelines, banks were incentivized to adopt reputation management systems, which often involve using services to monitor the news for references to customers. It was just another way to try to showcase their commitment to compliance and reduce unnecessary ire or scrutiny from the regulators.
While there are outstanding questions about other parts of the executive order, removing reputational risk from official guidance is an extremely positive development.
- The EO directs companies to search for prior instances of unlawful and politicized debanking.
The Small Business Administration is supposed to notify “all financial institutions with which it guarantees loans under its lending programs” that they must review their records to find any examples of clients or potential clients that lost (or were denied access to) services as a result of their political or religious beliefs or lawful business activity. Then the financial institutions must notify those clients about what occurred and tell them that they have the option of re-engaging in that service.
This is the strangest part of the EO, and perhaps there will be more clarity on this later. But the first question is: how far back are these financial institutions supposed to go in their records looking for these denied customers? A year? Ten? Since the beginning of time?
There’s also some language that seems to cabin this requirement (or at least part of it) to only records where the financial exclusion was in violation of the law:
“within 120 days of the date of this order, identifies all potential clients denied access to payment processing services provided by the financial institution or any subsidiaries through a politicized or unlawful debanking action in violation of a statutory or regulatory requirement under section 7(a) of the Small Business Act or any requirement in a Standard Operating Procedures Manual or Policy Notice related to a program or function of the Office of Capital Access, and provides notice to each victim advising of the denied access and the renewed option to engage in such services previously denied.” (bold added for emphasis)
While this section is unclear, one silver lining here is that “payment processing services” are explicitly identified as an important part of this conversation, not just banks and credit unions. That’s positive, as payment processors and credit card networks can play a key role in financial censorship.
One challenge that may arise for companies trying to comply with this EO is that it’s quite possible that the financial institutions lumped these types of account closures and denials in with other types of account closures and denials. This could make it hard to run queries to automatically identify those accounts.
Brian Knight (co-author of Private Policies and Public Power: When Banks Act as Regulators within a Regime of Privilege) said that this executive order is designed to help bring transparency to the financial system:
“Part of what this EO is meant to be is a fact finding operation because banking is so opaque by design. It’s not that the administration is going to punish people for actions that were lawful at the time they were taken, but as we get more transparency and more information, that will help us as the American people have a debate about what should be legal, what should not be legal. That’s a big part of what I think this EO is trying to accomplish – is feed the democratic process with more information about what do we need to do if anything on the areas that aren’t previously covered.”
- The financial regulators are supposed to go after “politicized or unlawful debanking.”
The EO has some strong language about the actions financial regulators must take around politicized and unlawful debanking:
“Within 120 days of the date of this order, each Federal banking regulator shall conduct a review to identify financial institutions subject to its jurisdiction that have had any past or current, formal or informal, policies or practices that require, encourage, or otherwise influence such financial institution to engage in politicized or unlawful debanking and to take appropriate remedial action, to the extent authorized and consistent with applicable law, including levying fines, issuing consent decrees, or imposing other disciplinary measures against any financial institution subject to the jurisdiction of such Federal banking regulator that such Federal banking regulator finds has engaged in politicized or unlawful debanking that violates applicable law (including section 5 of the Federal Trade Commission Act (15 U.S.C. 45), section 1031 of the Consumer Financial Protection Act (12 U.S.C. 5531), and the Equal Credit Opportunity Act).” (emphasis added)
In short, if the banking regulator can find a way to punish a financial institution for engaging in “unlawful or politicized debanking,” then it should. However, as Jake Pearson of ProPublica argues, there may be some significant enforcement challenges because the Trump Administration has also gutted the Consumer Financial Protection Bureau, which was working on this issue and was actively collecting complaints from consumers about account closures and other problems with financial institutions.
Overall, this is an interesting position for the government to take. The fact is that prior administrations seemingly encouraged financial exclusion, including by incorporating reputational risk into official guidance and through the much-publicized and extremely contentious Operation Choke Point program. Could this EO be punishing financial institutions today that were adopting financial exclusion programs years ago in an attempt to appease federal regulators?
If that is the case (and frankly, even if it’s not the case), then hopefully this can be a wakeup call for financial institutions everywhere: administrations and their priorities can and will shift over time, and prior policies can be questioned and criticized with those political shifts. That’s why it’s important to consider the larger, ethical questions around financial exclusion, especially in cases involving legal speech.
The human rights and civil liberties community has united around the idea of infrastructure providers serving as neutral intermediaries, not content police. And those groups have specifically discussed how payment pathways are part of the tech stack that can be vulnerable to pressure in ways that undermine human rights.
It’s vital that financial institutions look beyond shifting political winds and consider core human rights issues when considering whether to adopt policies that might punish certain disfavored speakers.
- The EO has strong language about financial access, but leaves open questions about even-handed enforcement.
While imperfect, the executive order does have some powerful language against financial exclusion, stating:
“It is the policy of the United States that no American should be denied access to financial services because of their constitutionally or statutorily protected beliefs, affiliations, or political views, and to ensure that politicized or unlawful debanking is not used as a tool to inhibit such beliefs, affiliations, or political views. Banking decisions must instead be made on the basis of individualized, objective, and risk-based analyses.”
That’s fairly strong language (though again, it doesn’t specifically hinge on legal speech), and it perhaps shows a new approach to financial access. The idea seems to be that financial organizations shouldn’t be in the business of punishing and excluding law-abiding clients for vague, possibly political reasons. Instead, individuals and businesses should be assessed on their own merit using factors such as their credit worthiness, history of fraud, and financial resources.
If we believe that a good portion of financial censorship occurs because banks are trying to appease government interests—including by erring on the side of caution and reading into implied government positions—then the government simply changing its own position could go a long way to reducing financial censorship, regardless of how other parts of the EO are interpreted and enforced. So, while far from perfect and with a one-sided political slant, the EO does offer a significant step toward more inclusive and neutral financial services.
That said, we won’t really know the effects of this executive order until we see how it is implemented, and some experts have already raised concerns. Jason Mikuna (Founder and Publisher, Fintech Business Weekly) asked whether the EO would be fairly applied during an episode of Consumer Finance Monitor. He said:
“I think to have a meaningful discussion of whether the executive order is good or bad policy is predicated on the idea that it will be impartially and evenhandedly implemented. I think we have ample anecdotal evidence, including within the EO itself, that we should be skeptical that that is the case. The EO explicitly references what it describes as “government directed surveillance” targeting persons participating in activities and causes commonly associated with conservatism and the political right following the events that happened at the US Capitol on January 6th. Further, in light of the events of the last couple of weeks with the administration explicitly saying that it intends to target Democrat-aligned organizations that some members of the administration are now describing as extremist groups and even “domestic terror” networks, I would argue that there is a legitimate reason to be concerned that the executive order, to the extent it’s even grounded in law, won’t in fact be applied consistently across political, religious, and other affiliations.”
This is an important point that should be part of any tech policy conversation, not just those involving debanking: regardless of the intention of a particular policy, so much of the real impact comes down to implementation and regulatory priorities.
Transaction Denied Available for Pre-Order
Transaction Denied: Big Finance’s Power to Punish Speech is now available for pre-order. It’s a great way to learn about many of the concepts connecting lawful speech to financial access, and it delves into the stories of people who lost their financial services as well as the laws and corporate policies surrounding this practice. Also, pre-ordering a book is the single best way to support a new author.
Here are three ways to order:
1. Use this link to order from Bookshop.org and a portion of the proceeds will go to support an amazing bookstore in Stratford, CT called Obodo Serendipity Books.
3. Order from Barnes and Noble.
You can also contact your local bookstore to get a copy on order.
Regardless of where you order the book from, a portion of the book sales will go to benefit the nonprofit Freedom of the Press Foundation.


