An Ohio House committee passed legislation on Tuesday that would prohibit social media companies from censoring users.
The proposed bill, HB 441, would block companies like Twitter, Facebook, Instagram, or YouTube from censoring content based on ideas or personal viewpoints. The bill would not apply to speech illegal under federal law such as inciting violence or harassment.
The bill would apply to social media platforms with at least 50 million users and would allow private citizens to win judgments against censored views.
Adam Candeub, a law professor from Michigan State University, testified in support of the bill.
“He argued social media today forms the modern public square. However, the companies who control that square are nothing but ‘political actors’ who ‘censor and silence those with whom they disagree,’” according to the Ohio Capital-Journal.
The bill is one of many proposed across at least 16 states nationwide following Florida’s passing of a bill signed last year by Republican Gov. Ron DeSantis.
In April 2022, DeSantis called out Big Tech’s censorship of conservatives following the release of a new Heritage Foundation video that noted the vast disparity of censorship between Republican and Democratic House members.
“Big Tech has become the censorship arm of the Democratic Party and political left, silencing and de-platforming anyone who rejects the chosen left-wing narrative,” DeSantis said on Twitter in December.
“Silicon Valley oligarchs shouldn’t be the arbiters of free speech in our country. We must fight back!” he added.
Big Tech has become the censorship arm of the Democratic Party and political left, silencing and de-platforming anyone who rejects the chosen left-wing narrative.
Silicon Valley oligarchs shouldn't be the arbiters of free speech in our country. We must fight back! https://t.co/7x3UZGDlrT
— Ron DeSantis (@RonDeSantisFL) December 2, 2021
Florida’s bill was later blocked from going into effect after U.S. District Judge Robert L. Hinkle ruled against it.
“Balancing the exchange of ideas among private speakers is not a legitimate governmental interest,” Hinkle wrote in his preliminary injunction.
In December, a federal judge also granted a preliminary injunction against a Texas social media censorship law that would have prevented social media companies from blocking content or banning users based on political viewpoints.
In September, Texas Governor Greg Abbott signed HB20 into law. “There is a dangerous movement by some social media companies to silence conservative ideas and values,” said Abbott at the time. “This is wrong and we will not allow it in Texas.”
Judge Robert Pitman for the Western District of Texas granted the preliminary injunction and said that Big Tech companies have a First Amendment right to moderate content on their platforms.
Censorship issues were also a factor in the recent purchase of Twitter by Tesla CEO Elon Musk.
Musk, also the CEO of SpaceX, had the transaction unanimously approved by Twitter’s board in late April and is expected to close this year subject to the approval of Twitter’s shareholders and other regulatory approvals.
“Under the terms of the agreement, Twitter stockholders will receive $54.20 in cash for each share of Twitter common stock that they own upon closing of the proposed transaction,” Twitter said in a statement. “The purchase price represents a 38% premium to Twitter’s closing stock price on April 1, 2022, which was the last trading day before Mr. Musk disclosed his approximately 9% stake in Twitter.”
The company announced that Musk secured $25.5 billion of fully committed debt and margin loan financing and is providing a $21 billion equity commitment.