Bill · S. 188· Senate(119-S-188)
Free Speech Protection Act
- Introduced
- 1/22/2025
- Last activity
- 1/22/2025 — Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Sponsored by
- Rand Paul
- Cosponsors
- - 3 - 0
- Introduced
- In Committee
What this bill would do
The Free Speech Protection Act aims to prevent Federal employees and contractors from pressuring online platforms to censor speech protected by the First Amendment. It prohibits these officials from directing providers to remove, suppress, label, or otherwise restrict access to protected speech. The bill establishes strict disciplinary actions for violators, including fines and loss of employment. It also creates a private right of action for individuals whose speech has been affected by such violations. Additionally, the act requires regular reporting of communications between government employees and platform providers. Finally, it mandates the termination of the Disinformation Governance Board and restricts certain federal grants.
Yes· 3 of 5
Does this protect the individual right to speak freely?+9
The bill protects individuals from government-led censorship and provides a private right of action for speech violations.
Does this protect what people are allowed to say in public life?+9
The bill prohibits federal employees from pressuring platforms to censor or label protected speech.
Does this make what the government does easier for the public to see?+8
The bill mandates regular public reporting of government communications with platform providers and expands FOIA access to those records.
The opposite
Does this give the federal government more power?-3
The bill curtails the ability of federal employees to influence content on private digital platforms.
Would union members be better off under this?-2
The bill imposes strict disciplinary actions and loss of employment for federal employees who violate the act.
Does this reduce what the federal government spends?-2
The bill restricts specific types of federal grant awards and terminates the Disinformation Governance Board.
Who it would affect, and how
Potential Positive Impacts for People
-
Protection of Free Expression: The bill prohibits government employees from using their authority to pressure platforms into removing or suppressing speech protected by the Constitution (Section 4(a)(1)).
-
Accountability for Government Officials: Employees who violate these speech prohibitions face significant penalties, such as removal from their jobs, civil penalties of at least $10,000, and the permanent revocation of security clearances (Section 4(a)(3)).
-
Legal Recourse for Citizens: Individuals can bring civil actions against Executive agencies and specific employees in court to seek damages or injunctive relief if their speech is affected by a violation (Section 4(b)(1)).
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Increased Transparency: The act requires federal agencies to submit regular reports regarding communications with platform providers, which are then published on a searchable website (Section 5(a) and (c)).
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Strengthened Access to Information: The bill modifies how the Freedom of Information Act applies to communications between employees and platform providers, requiring agencies to grant these requests without certain traditional exemptions (Section 11(b)).
Potential Negative Impacts for People
-
Burden of Litigation: While the bill allows for a private right of action, individuals would need to navigate the legal system to seek reasonable attorneys' fees, injunctive relief, and actual damages (Section 4(b)(1)).
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Restrictions on Specific Grant Activities: The bill prohibits agencies from awarding grants related to programming on misinformation or disinformation, and requires grant recipients to certify they will not designate any news creator as a source of misinformation or disinformation (Section 8 and Section 9(a)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Governance And Ideology
- Improves Freedom Of Speech+9Improves Government Transparency+8Increases Federal Power-3
- Social Issues And Justice
- Improves Freedom Of Speech+9
- Demographic And Interest Groups
- Good For Union Workers-2
- Education And Technology
- Improves Data Privacy+2
- Economy And Finance
- Improves Consumer Protection+3Reduces Government Spending-2
- 1/22/2025
- Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 3 Cosponsors added.
- Introduced in Senate
Cynthia LummisRepublican · Wyoming
Mike LeeRepublican · Utah
Eric SchmittRepublican · Missouri