| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 836Introduced by Assembly Member EssayliFebruary 14, 2023 An act to add Title 15.5 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the internet. LEGISLATIVE COUNSEL'S DIGESTAB 836, as introduced, Essayli. Social media platform: traditional First Amendment forum.Existing constitutional law establishes the right of freedom of speech. Existing case law interpreting those provisions applies varying levels of scrutiny to state action that restricts protected speech, based in part on the nature of the forum in which the speech occurs.This bill would declare that, notwithstanding any law, a social media platform, as defined, shall be considered a traditional First Amendment forum for those purposes, as specified. The bill would require a social media platform located in California to develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.5. Social Media Platforms3200. (a) Notwithstanding any other law, a social media platform located in California shall be considered a traditional First Amendment forum, as set forth in PruneYard Shopping Center v. Robbins (1980) 447 U.S. 74.(b) A social media platform located in California shall develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.(c) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California.(2) Social media platform means an electronic service held open to the general public to post electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media platform does not include a platform operated by a local, state, or federal entity or agency of government. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 836Introduced by Assembly Member EssayliFebruary 14, 2023 An act to add Title 15.5 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the internet. LEGISLATIVE COUNSEL'S DIGESTAB 836, as introduced, Essayli. Social media platform: traditional First Amendment forum.Existing constitutional law establishes the right of freedom of speech. Existing case law interpreting those provisions applies varying levels of scrutiny to state action that restricts protected speech, based in part on the nature of the forum in which the speech occurs.This bill would declare that, notwithstanding any law, a social media platform, as defined, shall be considered a traditional First Amendment forum for those purposes, as specified. The bill would require a social media platform located in California to develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 836 |
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| 15 | 15 | | Introduced by Assembly Member EssayliFebruary 14, 2023 |
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| 17 | 17 | | Introduced by Assembly Member Essayli |
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| 18 | 18 | | February 14, 2023 |
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| 20 | 20 | | An act to add Title 15.5 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the internet. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 836, as introduced, Essayli. Social media platform: traditional First Amendment forum. |
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| 28 | 28 | | Existing constitutional law establishes the right of freedom of speech. Existing case law interpreting those provisions applies varying levels of scrutiny to state action that restricts protected speech, based in part on the nature of the forum in which the speech occurs.This bill would declare that, notwithstanding any law, a social media platform, as defined, shall be considered a traditional First Amendment forum for those purposes, as specified. The bill would require a social media platform located in California to develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false. |
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| 30 | 30 | | Existing constitutional law establishes the right of freedom of speech. Existing case law interpreting those provisions applies varying levels of scrutiny to state action that restricts protected speech, based in part on the nature of the forum in which the speech occurs. |
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| 32 | 32 | | This bill would declare that, notwithstanding any law, a social media platform, as defined, shall be considered a traditional First Amendment forum for those purposes, as specified. The bill would require a social media platform located in California to develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.5. Social Media Platforms3200. (a) Notwithstanding any other law, a social media platform located in California shall be considered a traditional First Amendment forum, as set forth in PruneYard Shopping Center v. Robbins (1980) 447 U.S. 74.(b) A social media platform located in California shall develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.(c) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California.(2) Social media platform means an electronic service held open to the general public to post electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media platform does not include a platform operated by a local, state, or federal entity or agency of government. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.5. Social Media Platforms3200. (a) Notwithstanding any other law, a social media platform located in California shall be considered a traditional First Amendment forum, as set forth in PruneYard Shopping Center v. Robbins (1980) 447 U.S. 74.(b) A social media platform located in California shall develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.(c) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California.(2) Social media platform means an electronic service held open to the general public to post electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media platform does not include a platform operated by a local, state, or federal entity or agency of government. |
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| 46 | 46 | | SECTION 1. Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | TITLE 15.5. Social Media Platforms3200. (a) Notwithstanding any other law, a social media platform located in California shall be considered a traditional First Amendment forum, as set forth in PruneYard Shopping Center v. Robbins (1980) 447 U.S. 74.(b) A social media platform located in California shall develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.(c) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California.(2) Social media platform means an electronic service held open to the general public to post electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media platform does not include a platform operated by a local, state, or federal entity or agency of government. |
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| 52 | 52 | | TITLE 15.5. Social Media Platforms3200. (a) Notwithstanding any other law, a social media platform located in California shall be considered a traditional First Amendment forum, as set forth in PruneYard Shopping Center v. Robbins (1980) 447 U.S. 74.(b) A social media platform located in California shall develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.(c) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California.(2) Social media platform means an electronic service held open to the general public to post electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media platform does not include a platform operated by a local, state, or federal entity or agency of government. |
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| 54 | 54 | | TITLE 15.5. Social Media Platforms |
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| 56 | 56 | | TITLE 15.5. Social Media Platforms |
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| 58 | 58 | | 3200. (a) Notwithstanding any other law, a social media platform located in California shall be considered a traditional First Amendment forum, as set forth in PruneYard Shopping Center v. Robbins (1980) 447 U.S. 74.(b) A social media platform located in California shall develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.(c) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California.(2) Social media platform means an electronic service held open to the general public to post electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media platform does not include a platform operated by a local, state, or federal entity or agency of government. |
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| 62 | 62 | | 3200. (a) Notwithstanding any other law, a social media platform located in California shall be considered a traditional First Amendment forum, as set forth in PruneYard Shopping Center v. Robbins (1980) 447 U.S. 74. |
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| 64 | 64 | | (b) A social media platform located in California shall develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false. |
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| 66 | 66 | | (c) As used in this section: |
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| 68 | 68 | | (1) Located in California means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California. |
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| 70 | 70 | | (2) Social media platform means an electronic service held open to the general public to post electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media platform does not include a platform operated by a local, state, or federal entity or agency of government. |
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