[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4859 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4859

  To prohibit Federal employees and contractors from directing online 
platforms to censor any speech that is protected by the First Amendment 
   to the Constitution of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2024

   Mr. Paul introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To prohibit Federal employees and contractors from directing online 
platforms to censor any speech that is protected by the First Amendment 
   to the Constitution of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Standing to Challenge Government 
Censorship Act''.

SEC. 2. EMPLOYEE PROHIBITIONS.

    (a) Definitions.--In this section:
            (1) Covered information.--The term ``covered information'' 
        means information relating to--
                    (A) a phone call;
                    (B) any type of digital communication, including a 
                post on a covered platform, an e-mail, a text, and a 
                direct message;
                    (C) a photo;
                    (D) shopping and commerce history;
                    (E) location data, including a driving route and 
                ride hailing information;
                    (F) an IP address;
                    (G) metadata;
                    (H) search history;
                    (I) the name, age, or demographic information of a 
                user of a covered platform; and
                    (J) a calendar item.
            (2) Covered platform.--The term ``covered platform'' 
        means--
                    (A) an interactive computer service, as that term 
                is defined in section 230(f) of the Communications Act 
                of 1934 (47 U.S.C. 230(f)); and
                    (B) any platform through which a media organization 
                disseminates information, without regard to whether the 
                organization disseminates that information--
                            (i) through broadcast or print;
                            (ii) online; or
                            (iii) through any other channel.
            (3) Employee.--
                    (A) In general.--The term ``employee''--
                            (i) means an employee of an Executive 
                        agency; and
                            (ii) includes--
                                    (I) an individual, other than an 
                                employee of an Executive agency, 
                                working under a contract with an 
                                Executive agency; and
                                    (II) the President and the Vice 
                                President.
                    (B) Rule of construction.--With respect to an 
                individual described in subparagraph (A)(ii)(I), solely 
                for the purposes of this Act, the Executive agency that 
                has entered into the contract under which the employee 
                is working shall be construed to be the Executive 
                agency employing the employee.
            (4) Executive agency.--The term ``Executive agency''--
                    (A) has the meaning given the term in section 105 
                of title 5, United States Code; and
                    (B) includes the Executive Office of the President.
            (5) Provider.--The term ``provider'' means a provider of a 
        covered platform.
    (b) Prohibitions.--
            (1) In general.--An employee acting under official 
        authority or influence may not--
                    (A) use any form of communication (without regard 
                to whether the communication is visible to members of 
                the public) to direct, coerce, compel, or encourage a 
                provider to take, suggest or imply that a provider 
                should take, or request that a provider take any action 
                to censor speech that is protected by the Constitution 
                of the United States, including by--
                            (i) removing that speech from the 
                        applicable covered platform;
                            (ii) suppressing that speech on the 
                        applicable covered platform;
                            (iii) removing or suspending a particular 
                        user (or a class of users) from the applicable 
                        covered platform or otherwise limiting the 
                        access of a particular user (or a class of 
                        users) to the covered platform;
                            (iv) labeling that speech as 
                        disinformation, misinformation, or false, or by 
                        making any similar characterization with 
                        respect to the speech; or
                            (v) otherwise blocking, banning, deleting, 
                        deprioritizing, demonetizing, deboosting, 
                        limiting the reach of, or restricting access to 
                        the speech;
                    (B) direct or encourage a provider to share with an 
                Executive agency covered information containing data or 
                information regarding a particular topic, or a user or 
                group of users on the applicable covered platform, 
                including any covered information shared or stored by 
                users on the covered platform;
                    (C) work, directly or indirectly, with any private 
                or public entity or person to take an action that is 
                prohibited under subparagraph (A) or (B); or
                    (D) on behalf of the Executive agency employing the 
                employee--
                            (i) enter into a partnership with a 
                        provider to monitor any content disseminated on 
                        the applicable covered platform; or
                            (ii) solicit, accept, or enter into a 
                        contract or other agreement (including a no-
                        cost agreement) for free advertising or another 
                        promotion on a covered platform.
            (2) Exception.--Notwithstanding subparagraph (B) of 
        paragraph (1), the prohibition under that subparagraph shall 
        not apply with respect to an action by an Executive agency or 
        employee pursuant to a warrant that is issued by any court of 
        competent jurisdiction, including a court of the United States 
        of competent jurisdiction in accordance with the procedures 
        described in rule 41 of the Federal Rules of Criminal 
        Procedure.
    (c) Private Right of Action.--
            (1) In general.--A person, the account, content, speech, or 
        other information of which has been affected in violation of 
        this section, may bring a civil action in an appropriate 
        district court of the United States (and a State government, 
        the Government of the District of Columbia, or the government 
        of a territory of the United States may bring a civil action in 
        an appropriate district court of the United States on behalf of 
        such a person, if that person is subject to the jurisdiction of 
        the applicable government) for reasonable attorneys' fees, 
        injunctive relief, and actual damages against--
                    (A) the applicable Executive agency; and
                    (B) the employee of the applicable Executive agency 
                who committed the violation.
            (2) Presumption of liability.--In a civil action brought 
        under paragraph (1), there shall be a rebuttable presumption 
        against the applicable Executive agency or employee if the 
        person bringing the action, or the government bringing the 
        action on behalf of a person, demonstrates that the applicable 
        employee communicated with a provider on a matter relating to--
                    (A) covered information with respect to that 
                person; or
                    (B) a statement made by that person on the 
                applicable covered platform.
            (3) Applicability.--A person or government described in 
        paragraph (1) may bring a civil action under this subsection 
        with respect to any violation of this section committed before, 
        on, or after the date of enactment of this Act.
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