Florida Lawmaker Introduces 'Stop Social Media Censorship Act' to Protect Free Speech Online

Florida bill SB 1722 would fine giant social media sites for censoring protected religious and political speech.

Florida State Senator Joe Gruters (R) has introduced a bill to protect free speech on social media and fine the biggest sites a minimum of $75,000 in statutory damages if they delete or censor a user's religious or political speech.

The law would only apply to social media sites with "more than 75 million subscribers" which are "open to the public" and from their inception have "not been specifically affiliated with any one religion or political party."

The bill also prohibits large social media sites from citing so-called "hate speech" as a justification for political and religious censorship and authorizes the Attorney General to "bring a civil cause of action ... on behalf of a social media website user who resides in this state and whose religious speech or political speech has been censored..."

The bill makes clear it would allow social media sites to censor "calls for immediate acts of violence," "obscene or pornographic" material, that which "entices criminal conduct" and that which "involves minors bullying minors."

Here's the full text of Sen. Gruters' bill, SB 1722:

• 1 A bill to be entitled
• 2 An act relating to social media websites; providing a
• 3 short title; defining terms; providing that the owner
• 4 or operator of a social media website is subject to a
• 5 private right of action by a social media website user
• 6 in this state under certain conditions; providing
• 7 damages; authorizing the award of reasonable attorney
• 8 fees and costs; prohibiting a social media website
• 9 from using hate speech as a defense; authorizing the
• 10 Attorney General to bring an action on behalf of a
• 11 social media website user; providing exceptions for
• 12 the deletion or censure of certain types of speech;
• 13 providing an effective date.
• 14
• 15 WHEREAS, this state has a compelling interest in holding
• 16 certain social media websites to higher standards for having
• 17 substantially created a digital public square, and
• 18 WHEREAS, this state has an interest in helping its citizens
• 19 enjoy their free exercise of rights in certain semi-public
• 20 forums commonly used for religious and political speech, NOW,
• 21 THEREFORE,
• 22
• 23 Be It Enacted by the Legislature of the State of Florida:
• 24
• 25 Section 1. This act may be cited as the “Stop Social Media
• 26 Censorship Act”.
• 27 Section 2. Social media website speech; cause of action;
• 28 penalties.—
• 29 (1) As used in this section, the term:
• 30 (a) “Algorithm” means a set of instructions designed to
• 31 perform a specific task.
• 32 (b) “Hate speech” means a phrase concerning content that an
• 33 individual finds offensive based on his or her personal moral
• 34 code.
• 35 (c) “Obscene” means that an average person, applying
• 36 contemporary community standards, would find that, taken as a
• 37 whole, the dominant theme of the material appeals to prurient
• 38 interests.
• 39 (d) “Political speech” means speech relating to the state,
• 40 government, body politic, or public administration as it relates
• 41 to governmental policymaking. The term includes speech by the
• 42 government or candidates for office and any discussion of social
• 43 issues. The term does not include speech concerning the
• 44 administration, law, or civil aspects of government.
• 45 (e) “Religious speech” means a set of unproven answers,
• 46 truth claims, faith-based assumptions, and naked assertions that
• 47 attempt to explain such greater questions as how the world was
• 48 created, what constitutes right and wrong actions by humans, and
• 49 what happens after death.
• 50 (f) “Social media website” means an Internet website or
• 51 application that enables users to communicate with each other by
• 52 posting information, comments, messages, or images and that
• 53 meets all of the following requirements:
• 54 1. Is open to the public;
• 55 2. Has more than 75 million subscribers; and
• 56 3. From its inception, has not been specifically affiliated
• 57 with any one religion or political party.
• 58 (2)(a) The owner or operator of a social media website who
• 59 contracts with a social media website user in this state is
• 60 subject to a private right of action by such user if the social
• 61 media website purposely:
• 62 1. Deletes or censors the user’s religious speech or
• 63 political speech; or
• 64 2. Uses an algorithm to disfavor or censure the user’s
• 65 religious speech or political speech.
• 66 (b) A social media website user may be awarded all of the
• 67 following damages under this section:
• 68 1. A minimum of $75,000 in statutory damages per purposeful
• 69 deletion or censoring of the social media website user’s speech.
• 70 2. Actual damages.
• 71 3. If aggravating factors are present, punitive damages.
• 72 4. Other forms of equitable relief.
• 73 (c) The prevailing party in a cause of action under this
• 74 section may be awarded costs and reasonable attorney fees.
• 75 (d) A social media website that restores from deletion or
• 76 removes the censoring of a social media website user’s speech in
• 77 a reasonable amount of time may use that fact to mitigate any
• 78 damages.
• 79 (3) A social media website may not use the social media
• 80 website user’s alleged hate speech as a basis for justification
• 81 or defense of the social media website’s actions at trial.
• 82 (4) The Attorney General may also bring a civil cause of
• 83 action under this section on behalf of a social media website
• 84 user who resides in this state and whose religious speech or
• 85 political speech has been censored by a social media website.
• 86 (5) This section does not apply to any of the following:
• 87 (a) A social media website that deletes or censors a social
• 88 media website user’s speech or that uses an algorithm to
• 89 disfavor or censure speech that:
• 90 1. Calls for immediate acts of violence;
• 91 2. Is obscene or pornographic in nature;
• 92 3. Is the result of operational error;
• 93 4. Is the result of a court order;
• 94 5. Comes from an inauthentic source or involves false
• 95 impersonation;
• 96 6. Entices criminal conduct; or
• 97 7. Involves minors bullying minors.
• 98 (b) A social media website user’s censoring of another
• 99 social media website user’s speech.
• 100 (6) Only users who are 18 years of age or older have
• 101 standing to seek enforcement of this act.
• 102 Section 3. This act shall take effect July 1, 2019.

This is a superb bill which every Floridian needs to pressure their representatives to get behind and state lawmakers across the country need to introduce in...

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