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A bill to prohibit Federal employees and contractors from directing online platforms to censor any speech that is protected by the First Amendment to the Constitution of the United States, and for other purposes.

7/31/2024, 10:56 AM

Summary of Bill S 4859

Bill 118 s 4859, also known as the "Free Speech Act," aims to prevent Federal employees and contractors from instructing online platforms to censor any speech that is protected by the First Amendment of the US Constitution. The bill seeks to uphold the right to free speech by prohibiting government officials from influencing or directing online platforms to remove or restrict content that is considered constitutionally protected.

The legislation is designed to ensure that individuals are able to express their opinions and ideas without fear of government interference or censorship. By prohibiting Federal employees and contractors from engaging in such activities, the bill aims to protect the fundamental right to free speech that is enshrined in the First Amendment.

In addition to preventing government officials from directing online platforms to censor protected speech, the bill also includes provisions for other purposes related to safeguarding free speech rights. The specifics of these additional purposes are not detailed in the summary, but they likely include measures to enforce compliance with the legislation and to address any violations that may occur. Overall, Bill 118 s 4859 is intended to uphold the principles of free speech and prevent government overreach in regulating online content. By prohibiting Federal employees and contractors from influencing online platforms to censor protected speech, the bill seeks to protect the fundamental rights of individuals to express themselves freely and openly in the digital age.

Congressional Summary of S 4859

Standing to Challenge Government Censorship Act

This bill prohibits employees and contractors of executive branch agencies from directing or otherwise influencing an internet platform to remove or suppress specific content or users. This restriction extends to the labeling of content as false or misleading, and is applicable to the President and Vice President. Executive branch employees also may not solicit data from internet platforms on specific topics or users, and may not solicit or otherwise accept free promotion on the platform. 

This bill also creates a private right of action against agencies and employees who violate the prohibition on influencing content. State and territorial governments, as well as the government of the District of Columbia, may also bring suit on behalf of an individual subject to their jurisdiction. Civil actions may be brought with respect to past, ongoing, or future violations. Further, the bill establishes a rebuttable presumption of liability in a civil action against an agency or employee where the employee is shown to have communicated with a platform about the plaintiff or their use of the platform. 

Current Status of Bill S 4859

Bill S 4859 is currently in the status of Bill Introduced since July 30, 2024. Bill S 4859 was introduced during Congress 118 and was introduced to the Senate on July 30, 2024.  Bill S 4859's most recent activity was Read twice and referred to the Committee on Homeland Security and Governmental Affairs. as of July 30, 2024

Bipartisan Support of Bill S 4859

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
0
Democrat Cosponsors
0
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 4859

Primary Policy Focus

Alternate Title(s) of Bill S 4859

A bill to prohibit Federal employees and contractors from directing online platforms to censor any speech that is protected by the First Amendment to the Constitution of the United States, and for other purposes.
A bill to prohibit Federal employees and contractors from directing online platforms to censor any speech that is protected by the First Amendment to the Constitution of the United States, and for other purposes.

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