Us Congress 2023-2024 Regular Session

Us Congress House Bill HB140

Introduced
1/9/23  
Refer
1/9/23  
Report Pass
2/28/23  

Caption

Protecting Speech from Government Interference Act This bill generally prohibits federal employees from censoring the speech of others while acting in an official capacity. Specifically, the bill prohibits employees of executive agencies or who are otherwise in the competitive service from (1) using their official authority to influence or advocate for a third party, including a private entity, to censor speech; (2) censoring the speech of any person who has a pending regulatory application with, or is the subject of or a participant in an active enforcement action by, the employee's office; or (3) engaging in censorship while on duty, wearing a uniform, or using official government property. Certain presidential appointees may not censor speech at any time, including outside normal duty hours. Employees are subject to disciplinary action, civil penalties, or both for violations. The bill defines censor or censorship to include ordering or advocating for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any platform (e.g., social media).

Impact

If enacted, HB140 would significantly affect various federal regulations and internal policies regarding speech in the workplace. It stipulates that violations could result in disciplinary actions or civil penalties, potentially including fines up to $1,000. The bill places particular emphasis on actions taken by executive agency employees and even delineates penalties for senior government officials, reflecting a push for more stringent ethical standards regarding freedom of expression in government operations. The act also requires regular training for federal employees about these prohibitions and their implications, aiming to foster a working environment that prioritizes free speech.

Summary

House Bill 140, titled the 'Protecting Speech from Government Interference Act', seeks to amend Title 5 of the United States Code. The primary purpose of this bill is to prohibit federal employees from engaging in censorship while acting in their official capacities. Specifically, it aims to prevent employees from using their authority to influence or advocate for the censorship of speech, particularly that which is lawful under the First Amendment. The bill provides specific conditions under which federal employees may not advocate for censorship or engage in censorship themselves, emphasizing accountability and oversight of such actions within the federal workforce.

Sentiment

The sentiment surrounding HB140 appears to be mixed, with varying opinions expressed during discussions. Supporters argue that the bill is necessary to uphold constitutional liberties and protect individuals from government overreach or undue influence in matters of public discourse. They claim it serves as a safeguard against governmental suppression of dissenting viewpoints, ensuring that federal employees can perform their duties without fear of repercussions for their speech. Conversely, critics express concerns that the bill could unintentionally shield inappropriate actions by employees and complicate the dynamics of accountability and oversight in governmental roles, particularly in scenarios where regulatory actions are involved.

Contention

One point of contention revolves around the bill's approach to defining censorship and the practical implications of its enforcement. Critics worry that the broad language could lead to misunderstandings and misapplications of the law, potentially allowing for scenarios where employees might exploit the bill to justify preventing necessary regulatory actions. Additionally, discussions highlight the potential chilling effect on regulatory practices that are crucial for maintaining compliance and addressing unlawful speech. Striking a balance between preserving free speech and ensuring effective governance remains a central theme in the debates surrounding HB140.

Companion Bills

US HR199

Related bill Providing for consideration of the bill (H.R. 140) to amend title 5, United States Code, to prohibit Federal employees from advocating for censorship of viewpoints in their official capacity, and for other purposes; providing for consideration of the joint resolution (H.J. Res. 27) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Army, Corps of Engineers, Department of Defense and the Environmental Protection Agency relating to "Revised Definition of 'Waters of the United States'"; and providing for consideration of the bill (S. 619) to require the Director of National Intelligence to declassify information relating to the origin of COVID-19, and for other purposes.

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