HR9207-118

1. Short title This Act may be cited as the Standing to Challenge Government Censorship Act.

2. Employee prohibitions In this section: The term covered information means information relating to— a phone call; any type of digital communication, including a post on a covered platform, an e-mail, a text, and a direct message; a photo; shopping and commerce history; location data, including a driving route and ride hailing information; an IP address; metadata; search history; the name, age, or demographic information of a user of a covered platform; and a calendar item. The term covered platform means— an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)); and any platform through which a media organization disseminates information, without regard to whether the organization disseminates that information— through broadcast or print; online; or through any other channel. The term employee— means an employee of an Executive agency; and includes— an individual, other than an employee of an Executive agency, working under a contract with an Executive agency; and the President and the Vice President. With respect to an individual described in subparagraph (A)(ii)(I), solely for the purposes of this Act, 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 employee. The term Executive agency— has the meaning given the term in section 105 of title 5, United States Code; and includes the Executive Office of the President. The term provider means a provider of a covered platform. An employee acting under official authority or influence may not— use any form of communication (without regard to whether the communication is visible to members of the public) to direct, coerce, compel, or encourage a provider to take, suggest or imply that a provider should take, or request that a provider take any action to censor speech that is protected by the Constitution of the United States, including by— removing that speech from the applicable covered platform; suppressing that speech on the applicable covered platform; removing or suspending a particular user (or a class of users) from the applicable covered platform or otherwise limiting the access of a particular user (or a class of users) to the covered platform; labeling that speech as disinformation, misinformation, or false, or by making any similar characterization with respect to the speech; or otherwise blocking, banning, deleting, deprioritizing, demonetizing, deboosting, limiting the reach of, or restricting access to the speech; direct or encourage a provider to share with an Executive agency covered information containing data or information regarding a particular topic, or a user or group of users on the applicable covered platform, including any covered information shared or stored by users on the covered platform; work, directly or indirectly, with any private or public entity or person to take an action that is prohibited under subparagraph (A) or (B); or on behalf of the Executive agency employing the employee— enter into a partnership with a provider to monitor any content disseminated on the applicable covered platform; or solicit, accept, or enter into a contract or other agreement (including a no-cost agreement) for free advertising or another promotion on a covered platform. Notwithstanding subparagraph (B) of paragraph (1), 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 any court of competent jurisdiction, including a court of the United States of competent jurisdiction in accordance with the procedures described in rule 41 of the Federal Rules of Criminal Procedure. A person, the account, content, speech, or other information of which has been affected in violation of this section, may bring a civil action in an appropriate district court of the United States (and a State government, the government of the District of Columbia, or the government of a territory of the United States may bring a civil action in an appropriate district court of the United States on behalf of such a person, if that person is subject to the jurisdiction of the applicable government) for reasonable attorneys’ fees, injunctive relief, and actual damages against— the applicable Executive agency; and the employee of the applicable Executive agency who committed the violation. In a civil action brought under paragraph (1), there shall be a rebuttable presumption against the applicable Executive agency or employee if the person bringing the action, or the government bringing the action on behalf of a person, demonstrates that the applicable employee communicated with a provider on a matter relating to— covered information with respect to that person; or a statement made by that person on the applicable covered platform. A person or government described in paragraph (1) may bring a civil action under this subsection with respect to any violation of this section committed before, on, or after the date of enactment of this Act.