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Social Media Anti-Censorship Act


TexAgRepublican
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Mr. Fitzgerald, with thanks to Mr. Smith, introduces

A BILL

To prohibit censorship of lawful speech on major social media platforms.

SECTION 1. SHORT TITLE.

(a) This act shall be cited as the Social Media Anti-Censorship Act.

SEC. 2. DEFINITIONS.

(a) For purposes of this legislation, “censorship” includes:

(1) Denial of platform access and normal use thereof (e.g., lockouts, suspensions, bans)

(2) “Shadowbanning”

(3) Issuance of “verified” status based on any factor(s) unrelated to identity authentication

(4) “Throttling” accounts and/or content without disclosure

(5) Embargoing content (i.e., no “memory-holing” content without the consent of the creator)

(6) Manipulating “trending” algorithms without disclosure

(7) Demonetization (i.e., content-based monetization decisions)

(b) “Lawful speech” is based upon the standards enshrined in the U.S. Constitution, with the following limitations:

(1) No child pornography

(2) No explicit, credible threats of physical violence

(3) Platforms may choose to prohibit publishing any individual’s nonpublic residential address, telephone number, or email address without their consent

(4) Platforms may choose to prohibit otherwise-lawful pornographic video and/or images (i.e., content containing explicit sexual acts)

(5) Restrictions on copyrighted content as addressed by the DMCA

(6) Platforms may choose to prohibit “spam” on a content-neutral basis (e.g., based on frequency/similarity of posts, or any other content-neutral methodologies) (this content-neutrality limitation will not apply to spam that advertises lawful or unlawful pornographic video and/or images (i.e., content containing explicit sexual acts))

(7) Social media designed to manipulate opinion in such a manner that would be considered harmful to American interests and originates from a foreign power as determined by the Director of National Intelligence and the Gang of Eight. 

(c) “Major social media platforms” means social media platforms with a minimum of 200 million monthly active users, presently including Facebook, Instagram, Twitter, and YouTube. 

SEC. 3. ACTIONS.

(a) Major social media platforms are prohibited from engaging in censorship of lawful speech.

SEC. 4. ENFORCEMENT.

(a) A fine of $1,000,000 per instance of wrongful censorship shall be imposed by the Federal Communications Commission.

(b) Civil remedies may also be available to aggrieved parties.

SEC. 5. ENACTMENT.

(a) This act shall take effect immediately.

PES: Prohibit censorship of lawful speech on major social media platforms.

Former President Kyle Fitzgerald

Three-Time Republican Nominee

Nobel Peace Prize Winner

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