GOP lawmakers introduce bill allowing federal officials to be sued for censorship
Samantha-Jo Roth
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Sen. Eric Schmitt (R-MO) and Rep. Dan Bishop (R-NC) introduced legislation that would allow citizens to hold officials accountable if they attempt to censor online speech, the latest push from conservatives to protect free speech online.
The Censorship Accountability Act introduced in both chambers of Congress would permit lawsuits against federal executive branch officials believed to be participating in censorship for damages.
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“This legislation would allow citizens to hold individual bureaucrats accountable if they collude with social media companies to censor speech,” Schmitt said in a statement.
Bishop said the legislation is needed because censorship is occurring to suppress free speech with no recourse for those being silenced.
“Our bill will change that by finally allowing Americans to sue federal employees who violate their First Amendment rights.”
In his previous role as Missouri’s attorney general, Schmitt filed a lawsuit alleging the federal government overstepped in its efforts to control how social media companies addressed posts about COVID-19 during the pandemic, including the efficacy of vaccines and the lab leak origin theory. The lawsuit has led to a preliminary injunction announced last month that blocks almost all contact between Biden administration officials and social media companies with exceptions for matters related to criminal activity and national security.
Following the ruling, Schmitt sent letters to Biden and 18 other administration officials reminding them why they are barred from contacting social media companies and seeking further information. The letters ask for confirmation that the officials are committed to protecting free speech, a list of steps being taken to ensure compliance with the court’s order, all communications with Big Tech firms over the last year that could lead to censorship, a list of any nongovernmental partner entities engaged in the effort, and steps being taken to instill confidence in the federal government going forward.
“The Biden administration’s brazen collusion with social media companies to censor speech should frighten every American regardless of their political affiliation. When I served as Missouri’s attorney general, I filed the landmark Missouri v. Biden lawsuit, which exposed all of this censorship,” Schmitt said. “Now, I’m taking action to ensure that it never happens again.”
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The newest legislation comes after the Missouri senator also introduced a bill in May that would get rid of the legal immunity social media companies are afforded for third-party content under Section 230 of the Communications Decency Act if they entertain demands from the federal government to remove protected speech under the First Amendment.
The bill would only allow companies to act on official content-removal requests for “a legitimate law enforcement purpose or a national security purpose.” Both bills face an uphill battle in the Democrat-controlled Senate.