Senator Hawley Announces Bill Empowering Americans to Sue Big Tech Companies Acting in Bad Faith

Press Release

Today U.S. Senator Josh Hawley (R-Mo.) introduced a bill to empower Americans to sue Big Tech companies who act in bad faith by selectively censoring political speech and hiding content created by their competitors. Cosponsored by Senators Marco Rubio (R-Fla.), Mike Braun (R-Ind.), Tom Cotton (R-Ark.), and Kelly Loeffler (R-Ga.) Senator Hawley's bill would prohibit Big Tech companies from receiving Section 230 immunity unless they update their terms of service to promise to operate in good faith and pay a $5,000 fine (or actual damages, if higher) plus attorney's fees if they violate that promise.

"For too long, Big Tech companies like Twitter, Google and Facebook have used their power to silence political speech from conservatives without any recourse for users. Section 230 has been stretched and rewritten by courts to give these companies outlandish power over speech without accountability. Congress should act to ensure bad actors are not given a free pass to censor and silence their opponents."- Senator Josh Hawley

Senator Rubio said, "Recent actions by Big Tech call into question the legal immunities that social media companies enjoy under Section 230 and whether these firms live up to their obligations. It is time to take a fresh look at the statute and clarify the vague standard of "good faith' for which technology companies receive legal protections. That is exactly what this bill does. While Section 230 serves an important purpose, it should not protect unrelated activities such as censorship and political activism."

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