Free Speech Protection Act
The Free Speech Protection Act would bar federal employees and contractors from directing online platforms to censor speech that is protected by the First Amendment. It broadly defines what counts as “covered information” and “covered platforms,” and it prohibits government actions that pressure platforms to remove, suppress, label, or deboost speech, or to otherwise limit users’ access. The bill creates strong enforcement tools, including disciplinary measures for offending federal personnel, a private right of action for people harmed by a violation, and mandatory reporting of any communications between government officials and platform representatives. It also targets current government efforts to regulate information (such as the Disinformation Governance Board) by terminating that board and prohibiting similar funding. Additional provisions address grants, transparency, and a set of changes to federal and communications law that are intended to limit government-censored content and increase public oversight.
Key Points
- 1Prohibitions on government-directed censorship: Federal employees and contractors may not pressure a platform to remove, suppress, or otherwise restrict protected speech, nor share covered information with agencies for that purpose. A warrant-based exception exists, but otherwise the rule is broad.
- 2Strong penalties and contractor provisions: Violations trigger disciplinary action (including removal or demotion), civil penalties (not less than $10,000), potential loss of retirement benefits, and for contractors, ban from federal work.
- 3Private right of action: Affected individuals or entities may sue the applicable federal agency and the employee, seeking damages, attorneys’ fees, and injunctive relief. There is a rebuttable presumption of liability for the agency if the employee communicated with a platform about covered information or a speaker’s statement.
- 4Reporting and transparency: Agencies must report every 90 days on communications with platform representatives that relate to the prohibited actions. Reports must be published publicly with tracking numbers, and agencies must notify those directly affected by violations.
- 5Disinformation governance and mis/disinformation grants: The bill terminates the DHS Disinformation Governance Board (if it exists) and blocks federal funding for similar entities. It also bars grants related to programming on misinformation or disinformation.
- 6Grant controls and certifications: Grant recipients must certify that they will not label any news creator as misinformation or disinformation, with public posting of the certification and penalties for violations (including repayment of the grant and ineligibility for future grants).
- 7Changes to federal communications law: The bill modifies certain powers under the Communications Act (affecting presidential authority during national information operations) as part of its broader goal to limit government power to influence or control platform content.
- 8FOIA implications: Requests for records about communications between government employees and platform representatives would be granted with limited exceptions, and identifying information about users could not be released without consent (and could be barred if tied to warrants).