CA Bill Would Let State Fine Social Media For Allowing State-Determined 'Hate Speech'

In a move that reeks of political opportunism and arbitrary censorship, California’s legislature is advancing Senate Bill 771, a measure that would impose draconian fines on social media platforms for failing to suppress what state officials label as “hate speech.”

Reason’s Sophia Mandt reports:

“Under the bill, which sits in the state Assembly after being passed by the Senate in May, large social media companies will be subject to legal challenges and fines if their algorithms ‘relay content to users’ that violates the state's civil rights protections, such as hate speech. Platforms that knowingly violate the law could face fines up to $1 million. The bill would also implement a separate ‘civil penalty’ fine of up to $500,000 for reckless violations.”

Which is curious, because one might think that freedom of speech is a “civil right” and no one has a right to push “unlikeable” speech off the web. Additionally, some might wonder how anyone has a so-called “right” to force his neighbor to pay for the creation and operation of a government “speech police” gang.

Mandt notes that, as one might expect, the typical “don’t say anything bad about LGBTQ – ‘bad’ being whatever government defines as 'bad.'"

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Mandt notes what many Americans might observe about SB771 – that it runs afoul of the First Amendment. But only the Congressional legislation runs afoul of the 1A.

When looking at state speech attacks, the federal prohibition against CONGRESS not abridging speech does not apply, and one must look at each state constitution.

Thus, the real battleground for SB771 is the California Constitution, specifically Article I, Section 2, which unequivocally states:

“Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.”

This is a direct, unambiguous shield against state interference in free expression. Senate Bill 771, by punishing platforms for user-generated content, flouts this constitutional guarantee, imposing a chilling effect that forces companies to act as state-enforced censors. The bill’s claim that it doesn’t intend to “regulate speech or viewpoint” is a hollow pretense when its mechanism hinges on penalizing platforms for what users say.

The bill’s defenders, like State Senator Henry Stern, argue it holds platforms accountable for algorithms that amplify “harmful content.” But the tax-thieving government will define “harmful” and amplify this far beyond slander or libel that actual INDIVIDUALS could bring to a court for damages and recompense.

It is a towering insult to see politicians claim they are “protecting” the very people who are their prey

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