S. 4859: Standing to Challenge Government Censorship Act

This bill prohibits employees and contractors of executive branch agencies from directing or otherwise influencing an internet platform to remove or suppress specific content or users. This restriction extends to the labeling of content as false or misleading, and is applicable to the President and Vice President. Executive branch employees also may not solicit data from internet platforms on specific topics or users, and may not solicit or otherwise accept free promotion on the platform.

This bill also creates a private right of action against agencies and employees who violate the prohibition on influencing content. State and territorial governments, as well as the government of the District of Columbia, may also bring suit on behalf of an individual subject to their jurisdiction. Civil actions may be brought with respect to past, ongoing, or future violations. Further, the bill establishes a rebuttable presumption of liability in a civil action against an agency or employee where the employee is shown to have communicated with a platform about the plaintiff or their use of the platform.

Written by the Congressional Research Service, Library of Congress.