,,ii #aahth ,,congress #ast ,session ,s4 #bdbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bj1 #bjbc,mr4 ,paul 7for himself1 ,mr4 ,schmitt1 ,mr4 ,vance1 ,mr4 ,tuberville1 ,ms4 ,lummis1 and ,mr4 ,braun7 introduced the following bill2 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,free ,speech ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,covered information ,the term covered information means information relating to-- 7,a7 a phone call2 7,b7 any type of digital communication1 including a post on a covered platform1 an e-mail1 a text1 and a direct message2 7,c7 a photo2 7,d7 shopping and commerce history2 7,e7 location data1 including a driving route and ride hailing information2 7,f7 an ,,ip address2 7,g7 metadata2 7,h7 search history2 7,i7 the name1 age1 or demographic information of a user of a covered platform2 and 7,j7 a calendar item4 7#b7 ,covered platform ,the term covered platform means-- 7,a7 an interactive computer service1 as that term is defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f772 and 7,b7 any platform through which a media organization disseminates information1 without regard to whether the organization disseminates that information-- 7i7 through broadcast or print2 7ii7 online2 or 7iii7 through any other channel4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,employee 7,a7 ,in general ,except where otherwise expressly provided1 the term employee-- 7i7 means an employee of an ,executive agency2 and 7ii7 includes-- 7,i7 an individual1 other than an employee of an ,executive agency1 working under a contract with an ,executive agency2 and 7,,ii7 the ,president and the ,vice ,president4 7,b7 ,rule of construction ,with respect to an individual described in subparagraph 7,a77ii77,i71 solely for the purposes of this ,act1 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 employee4 7#e7 ,executive agency ,the term ,executive agency-- 7,a7 has the meaning given the term in section #aje of title #e1 ,united ,states ,code2 and 7,b7 includes the ,executive ,office of the ,president4 7#f7 ,provider ,the term provider means a provider of a covered platform4 #c4 ,findings ,congress finds the following3 7#a7 ,the ,first ,amendment to the ,constitution of the ,united ,states guarantees-- 7,a7 freedoms concerning religion1 expression1 assembly1 and petition of the government2 7,b7 the freedom of expression by prohibiting the government from restricting the press or the right of an individual to speak freely2 and 7,c7 the right of an individual to assemble peaceably and to petition the government4 7#b7 ,freedom of speech is an essential element of liberty that restrains tyranny and empowers individuals4 7#c7 ,writing in support of a ,bill of ,rights1 ,thomas ,jefferson stated that there are rights which it is useless to surrender to the government1 and which yet1 governments have always been fond to invade4 ,these are the rights of thinking and publishing our thoughts by speaking or writing44 7#d7 ,the ,supreme ,court of the ,united ,states 7referred to in this section as the ,court7 has upheld the right to speak free from governmental interference as a fundamental right4 7#e7 ,the ,court1 in ,palko v4 ,connecticut1 #cjb ,u4,s4 #cai 7#aicg71 wrote that freedom of thought and speech is the matrix1 the indispensable condition1 of nearly every other form of freedom4 7#f7 ,in ,turner ,broadcasting ,system1 ,inc4 v4 ,federal ,communications ,commission1 #eab ,u4,s4 #fbb 7#aiid71 the ,court stated the following3 ,at the heart of the ,first ,amendment lies the principle that each person should decide for himself or herself the ideas and beliefs deserving of expression1 consideration1 and adherence4 ,our political system and cultural life rest upon this ideal4 ,government action that stifles speech on account of its message1 or that requires the utterance of a particular message favored by the ,government1 contravenes this essential right 4 4 4 and poses the inherent risk that ,government seeks not to advance a legitimate regulatory goal1 but to suppress unpopular ideas or manipulate the public debate through coercion rather than persuasion4 ,these restrictions #8raise the specter that the ,government may effectively drive certain ideas or viewpoints from the marketplace4' ,for these reasons1 the ,first ,amendment1 subject only to narrow and well-understood exceptions1 does not countenance government control over the content of messages expressed by private individuals44 7#g7 ,in ,r4,a4,v4 v4 ,city of ,st4 ,paul1 #eje ,u4,s4 #cgg 7#aiib71 the ,court explained that the ,first ,amendment to the ,constitution of the ,united ,states generally prevents government from proscribing speech1 or even expressive conduct1 because of disapproval of the ideas expressed4 ,content-based restrictions are presumptively invalid44 7#h7 ,the case of ,brandenburg v4 ,ohio1 #cie ,u4,s4 #ddd 7#aifi71 stands for the proposition that speech can be suppressed only if the speech is intended1 and is likely to produce1 imminent lawless action4 7#i7 ,justice ,william ,brennan1 in his majority opinion for the ,court in ,texas v4 ,johnson1 #dia ,u4,s4 #cig 7#aihi71 asserted that if there is a bedrock principle underlying the ,first ,amendment1 it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable44 7#aj7 ,justice ,neil ,gorsuch1 in his majority opinion for the ,court in #cjc ,creative ,,llc v4 ,elenis1 ,u4,s4 7#bjbc71 stated1 ,the ,first ,amendment envisions the ,united ,states as a rich and complex place where all persons are free to think and speak as they wish1 not as the government demands44 7#aa7 ,as evidenced in disclosures from various social media companies1 ,federal officials in recent years have sought to censor legal speech on platforms operated by those companies by using the power of their offices to influence what opinions1 views1 and other content that users of those platforms may disseminate4 7#ab7 ,white ,house officials and officials of ,executive agencies sought to silence narratives on social media platforms on issues relating to the ,,covid-#ai pandemic4 7#ac7 ,the ,centers for ,disease ,control and ,prevention engaged with officials at ,facebook and ,twitter to request that certain posts be flagged as disinformation and held regular meetings with those companies to share instances of what government officials determined to be misinformation about the ,,covid-#ai pandemic that had been spread on the platforms operated by those companies4 7#ad7 ,in the midst of the #bjbj election cycle1 the ,federal ,bureau of ,investigation communicated with high-level technology company executives and suggested that a ,new ,york ,post story regarding the contents of ,hunter ,biden's laptop were part of a hack and leak operation4 7#ae7 ,on ,april #bg1 #bjbb1 the ,department of ,homeland ,security announced the creation of a ,disinformation ,governance ,board 7referred to in this paragraph as the ,board74 ,the ,director of the ,board1 ,nina ,jankowicz1 sought to establish an analytic exchange with industry partners4 ,in congressional testimony1 ,secretary of ,homeland ,security ,alejandro ,mayorkas provided misleading testimony about the actions of the ,board4 7#af7 ,since #bjbj1 #b nonprofit organizations affiliated with the ,global ,disinformation ,index 7referred to in this paragraph as ,,gdi7 have received a total of #ccj1jjj in grants from ,federal agencies4 ,,gdi maintains a list of global news publications rated high risk for disinformation4 ,major advertising companies seek guidance from this purported nonpartisan group to determine where advertising money should be spent4 ,despite the self-proclaimed nonpartisan nature of the list1 ,,gdi includes a host of reputable media outlets1 such as ,reason1 ,real,clear,politics1 and the ,new ,york ,post4 #d4 ,employee prohibitions 7a7 ,prohibitions 7#a7 ,in general ,an employee acting under official authority or influence may not-- 7,a7 use any form of communication 7without regard to whether the communication is visible to members of the public7 to direct1 coerce1 compel1 or encourage a provider to take1 suggest or imply that a provider should take1 or request that a provider take any action to censor speech that is protected by the ,constitution of the ,united ,states1 including by-- 7i7 removing that speech from the applicable covered platform2 7ii7 suppressing that speech on the applicable covered platform2 7iii7 removing or suspending a particular user 7or a class of users7 from the applicable covered platform or otherwise limiting the access of a particular user 7or a class of users7 to the covered platform2 7iv7 labeling that speech as disinformation1 misinformation1 or false1 or by making any similar characterization with respect to the speech2 or 7v7 otherwise blocking1 banning1 deleting1 deprioritizing1 demonetizing1 deboosting1 limiting the reach of1 or restricting access to the speech2 7,b7 direct or encourage a provider to share with an ,executive agency covered information containing data or information regarding a particular topic1 or a user or group of users on the applicable covered platform1 including any covered information shared or stored by users on the covered platform2 7,c7 work1 directly or indirectly1 with any private or public entity or person to take an action that is prohibited under subparagraph 7,a7 or 7,b72 or 7,d7 on behalf of the ,executive agency employing the employee-- 7i7 enter into a partnership with a provider to monitor any content disseminated on the applicable covered platform2 or 7ii7 solicit1 accept1 or enter into a contract or other agreement 7including a no-cost agreement7 for free advertising or another promotion on a covered platform4 7#b7 ,exception ,notwithstanding subparagraph 7,b7 of paragraph 7#a71 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-- 7,a7 a court of the ,united ,states of competent jurisdiction in accordance with the procedures described in rule #da of the ,federal ,rules of ,criminal ,procedure2 or 7,b7 a ,state court of competent jurisdiction4 7#c7 ,employee discipline 7,a7 ,in general ,notwithstanding any provision of title #e1 ,united ,states ,code1 and subject to subparagraph 7,b71 the head of an ,executive agency employing an employee who violates any provision of paragraph 7#a7 7or1 in the case of the head of an ,executive agency who violates any provision of paragraph 7#a71 the ,president7 shall impose on that employee-- 7i7 disciplinary action consisting of removal1 reduction in grade1 suspension1 or debarment from employment with the ,united ,states2 7ii7 a civil penalty in an amount that is not less than #aj1jjj2 7iii7 ineligibility for any annuity under chapter #hc or #hd of title #e1 ,united ,states ,code2 and 7iv7 permanent revocation of any applicable security clearance held by the employee4 7,b7 ,specific contractor discipline ,in the case of an employee described in section #b7d77;,a77ii77,i7 who violates any provision of paragraph 7#a71 in addition to any discipline that may be applicable under subparagraph 7,a7 of this paragraph1 that employee shall be barred from working under any contract with the ,federal ,government4 7b7 ,private right of action 7#a7 ,in general ,a person1 the account1 content1 speech1 or other information of which has been affected in violation of this section1 may bring a civil action in the ,united ,states ,district ,court for the ,district of ,columbia for reasonable attorneys' fees1 injunctive relief1 and actual damages against-- 7,a7 the applicable ,executive agency2 and 7,b7 the employee of the applicable ,executive agency who committed the violation4 7#b7 ,presumption of liability ,in a civil action brought under paragraph 7#a71 there shall be a rebuttable presumption against the applicable ,executive agency or employee if the person bringing the action demonstrates that the applicable employee communicated with a provider on a matter relating to-- 7,a7 covered information with respect to that person2 or 7,b7 a statement made by that person on the applicable covered platform4 #e4 ,reporting requirements 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 and not less frequently than once every #ij days thereafter1 the head of each ,executive agency shall submit to the ,director and the chair and ranking member of the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,oversight and ,accountability of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives a report that discloses1 for the period covered by the report1 each communication between a representative of a provider and an employee of that ,executive agency-- 7#a7 including any such communication that constitutes a violation of section #d7;a77#a72 and 7#b7 not including any such communication that relates to combating child pornography or exploitation1 human trafficking1 or the illegal transporting or transacting in controlled substances4 7b7 ,contents ,each report submitted under subsection 7a7 shall include1 with respect to a communication described in that subsection-- 7#a7 the name and professional title of each employee and each representative of a provider engaged in the communication2 and 7#b7 if the communication constitutes a violation of section #d7;a77#a7-- 7,a7 a detailed explanation of the nature of the violation2 and 7,b7 the date of the violation4 7c7 ,publication 7#a7 ,in general ,not later than #e days after the date on which the ,director receives a report under subsection 7a71 the ,director shall-- 7,a7 collect the report and assign the report a unique tracking number2 and 7,b7 publish on a publicly accessible and searchable website the contents of the report and the tracking number for the report4 7#b7 ,subject of report ,with respect to a report submitted pursuant to subsection 7a7 of which an individual is a subject1 not later than the end of the business day following the business day on which the report is submitted1 the ,director shall make a reasonable effort to contact any person or entity directly affected by a violation of this ,act described in the report to inform that person of the report4 #f4 ,cybersecurity infrastructure and security agency report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,director and the chair and ranking member of the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives a report that discloses any action of an employee of the ,cybersecurity and ,infrastructure ,security ,agency that-- 7#a7 occurred between ,november #af1 #bjah1 and the date of enactment of this ,act2 and 7#b7 would have been in violation of section #d7;a77#a74 #g4 ,termination of ,disinformation ,governance ,board 7a7 ,termination ,the ,disinformation ,governance ,board established by the ,department of ,homeland ,security1 if in existence on the date of enactment of this ,act1 is terminated4 7b7 ,prohibition against ,federal funding ,no ,federal funds may be used to establish or support the activities of any other entity that is substantially similar to the ,disinformation ,governance ,board terminated pursuant to subsection 7a74 #h4 ,prohibition on misinformation and disinformation grants ,the head of an ,executive agency may not award a grant relating to programming on misinformation or disinformation4 #i4 ,grant terms 7a7 ,certification ,the recipient of a grant awarded by an ,executive agency on or after the date of enactment of this ,act shall certify to the head of the ,executive agency that the recipient or a subgrantee of the recipient1 during the term of the grant1 will not designate any creator of news content1 regardless of medium1 as a source of misinformation or disinformation4 7b7 ,publication ,not later than #aj days after the date on which an ,executive agency awards a grant1 the head of the ,executive agency shall publish the certification received under subsection 7a7 with respect to the grant on ,grants4gov1 or any successor website4 7c7 ,penalty ,upon a determination by the head of an ,executive agency that a recipient or subgrantee of a recipient has violated the certification of the recipient under subsection 7a71 the recipient or subgrantee1 respectively1 shall-- 7#a7 repay the grant associated with the certification2 and 7#b7 be ineligible to receive a grant from the ,executive agency4 #aj4 ,presidential war powers under the ,communications ,act of #aicd 7a7 ,in general ,section #gjf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fjf7 is amended-- 7#a7 by striking subsections 7c7 through 7g72 and 7#b7 by redesignating subsection 7h7 as subsection 7c74 7b7 ,technical and conforming amendments ,section #cji7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;h77 is amended-- 7#a7 by inserting and before 7#b72 and 7#b7 by striking ,act2 and all that follows through the period at the end and inserting the following3 ,act44 #aa4 ,applicability of ,,foia 7a7 ,definition ,in this section1 the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7b7 ,applicability ,notwithstanding any provision of section #eeb of title #e1 ,united ,states ,code1 any request made to an agency pursuant to that section for records relating to communication between an employee and a representative of a provider-- 7#a7 shall be granted by the agency without regard to any exemption under subsection 7b7 of that section1 except the agency may not release any identifying information of a user of a covered platform without express written consent granted by the user to the agency2 and 7#b7 may not be granted by the agency if the communication occurred pursuant to a warrant described in section #d7;a77#b74