AB 836

Bill Subjects

Social Media Platform Traditional First Amendment Forum

Abstract

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.