Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The Free Speech Protection Act aims to safeguard free speech by prohibiting federal employees and contractors from influencing online platforms to censor content protected by the First Amendment. This includes any action to remove, suppress, label as disinformation, or otherwise restrict access to speech on platforms like interactive computer services and media organizations' dissemination channels. The bill defines "employee" broadly to include contractors and the President and Vice President, and "covered information" encompasses various forms of digital communication and personal data. Specifically, federal personnel are forbidden from directing, coercing, or encouraging providers to censor speech, share user data without a warrant, or collaborate with third parties for such purposes. They are also prohibited from entering partnerships with providers to monitor content or accepting free advertising. An exception exists for actions taken pursuant to a valid court warrant for data sharing. Violations of these prohibitions carry severe consequences, including mandatory disciplinary actions such as removal from federal employment, civil penalties of at least $10,000, ineligibility for federal annuities, and permanent revocation of security clearances. Contractors found in violation would be barred from future federal contracts. Furthermore, individuals whose speech or information is affected by a violation can bring a civil action against the responsible agency and employee for injunctive relief and actual damages, with a rebuttable presumption of liability if communication occurred regarding their content. To ensure transparency, executive agencies must submit quarterly reports to Congress and the Director of the Office of Management and Budget detailing all communications between their employees and platform representatives, including any violations. These reports, excluding communications related to child exploitation or illegal substances, must be published on a publicly accessible website. The bill also requires a report from the Cybersecurity and Infrastructure Security Agency (CISA) on past actions that would have violated these new prohibitions. The Act mandates the immediate termination of the Department of Homeland Security's Disinformation Governance Board, if still in existence, and prohibits federal funding for any substantially similar entity. It also bans executive agencies from awarding grants related to misinformation or disinformation programming. Grant recipients must certify they will not designate news content creators as sources of misinformation, with violations leading to repayment of funds and future ineligibility for grants. Finally, the bill amends the Communications Act of 1934 by striking certain provisions related to presidential war powers over communications. It also enhances the applicability of the Freedom of Information Act (FOIA) for records concerning communications between agencies and platform providers, requiring disclosure without regard to most exemptions, while protecting user identifying information without express consent and exempting warrant-based communications.
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Government Operations and Politics
Advisory bodiesCivil actions and liabilityComputer security and identity theftCongressional oversightDepartment of Homeland SecurityDigital mediaExecutive agency funding and structureFederal district courtsFirst Amendment rightsFreedom of informationGovernment employee pay, benefits, personnel managementGovernment information and archivesInternet, web applications, social mediaJurisdiction and venuePresidents and presidential powers, Vice PresidentsWar and emergency powers
Free Speech Protection Act
USA119th CongressS-188| Senate
| Updated: 1/22/2025
The Free Speech Protection Act aims to safeguard free speech by prohibiting federal employees and contractors from influencing online platforms to censor content protected by the First Amendment. This includes any action to remove, suppress, label as disinformation, or otherwise restrict access to speech on platforms like interactive computer services and media organizations' dissemination channels. The bill defines "employee" broadly to include contractors and the President and Vice President, and "covered information" encompasses various forms of digital communication and personal data. Specifically, federal personnel are forbidden from directing, coercing, or encouraging providers to censor speech, share user data without a warrant, or collaborate with third parties for such purposes. They are also prohibited from entering partnerships with providers to monitor content or accepting free advertising. An exception exists for actions taken pursuant to a valid court warrant for data sharing. Violations of these prohibitions carry severe consequences, including mandatory disciplinary actions such as removal from federal employment, civil penalties of at least $10,000, ineligibility for federal annuities, and permanent revocation of security clearances. Contractors found in violation would be barred from future federal contracts. Furthermore, individuals whose speech or information is affected by a violation can bring a civil action against the responsible agency and employee for injunctive relief and actual damages, with a rebuttable presumption of liability if communication occurred regarding their content. To ensure transparency, executive agencies must submit quarterly reports to Congress and the Director of the Office of Management and Budget detailing all communications between their employees and platform representatives, including any violations. These reports, excluding communications related to child exploitation or illegal substances, must be published on a publicly accessible website. The bill also requires a report from the Cybersecurity and Infrastructure Security Agency (CISA) on past actions that would have violated these new prohibitions. The Act mandates the immediate termination of the Department of Homeland Security's Disinformation Governance Board, if still in existence, and prohibits federal funding for any substantially similar entity. It also bans executive agencies from awarding grants related to misinformation or disinformation programming. Grant recipients must certify they will not designate news content creators as sources of misinformation, with violations leading to repayment of funds and future ineligibility for grants. Finally, the bill amends the Communications Act of 1934 by striking certain provisions related to presidential war powers over communications. It also enhances the applicability of the Freedom of Information Act (FOIA) for records concerning communications between agencies and platform providers, requiring disclosure without regard to most exemptions, while protecting user identifying information without express consent and exempting warrant-based communications.
Homeland Security and Governmental Affairs Committee
Government Operations and Politics
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Advisory bodiesCivil actions and liabilityComputer security and identity theftCongressional oversightDepartment of Homeland SecurityDigital mediaExecutive agency funding and structureFederal district courtsFirst Amendment rightsFreedom of informationGovernment employee pay, benefits, personnel managementGovernment information and archivesInternet, web applications, social mediaJurisdiction and venuePresidents and presidential powers, Vice PresidentsWar and emergency powers