II 

118TH CONGRESS 

2D SESSION S. 4859 

To prohibit Federal employees and contractors from directing online platforms 

to censor any speech that is protected by the First Amendment to 

the Constitution of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2024 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on Homeland Security and Governmental Affairs 

A BILL 

To prohibit Federal employees and contractors from directing 

online platforms to censor any speech that is protected 

by the First Amendment to the Constitution of the 

United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Standing to Challenge 

5 Government Censorship Act’’. 

6 SEC. 2. EMPLOYEE PROHIBITIONS. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED INFORMATION.—The term ‘‘cov2 ered information’’ means information relating to— 

3 (A) a phone call; 

4 (B) any type of digital communication, in5 cluding a post on a covered platform, an e-mail, 

6 a text, and a direct message; 

7 (C) a photo; 

8 (D) shopping and commerce history; 

9 (E) location data, including a driving route 

10 and ride hailing information; 

11 (F) an IP address; 

12 (G) metadata; 

13 (H) search history; 

14 (I) the name, age, or demographic infor15 mation of a user of a covered platform; and 

16 (J) a calendar item. 

17 (2) COVERED PLATFORM.—The term ‘‘covered 

18 platform’’ means— 

19 (A) an interactive computer service, as 

20 that term is defined in section 230(f) of the 

21 Communications Act of 1934 (47 U.S.C. 

22 230(f)); and 

23 (B) any platform through which a media 

24 organization disseminates information, without 


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1 regard to whether the organization disseminates 

2 that information— 

3 (i) through broadcast or print; 

4 (ii) online; or 

5 (iii) through any other channel. 

6 (3) EMPLOYEE.— 

7 (A) IN GENERAL.—The term ‘‘em8 ployee’’— 

9 (i) means an employee of an Execu10 tive agency; and 

11 (ii) includes— 

12 (I) an individual, other than an 

13 employee of an Executive agency, 

14 working under a contract with an Ex15 ecutive agency; and 

16 (II) the President and the Vice 

17 President. 

18 (B) RULE OF CONSTRUCTION.—With re19 spect to an individual described in subpara20 graph (A)(ii)(I), solely for the purposes of this 

21 Act, the Executive agency that has entered into 

22 the contract under which the employee is work23 ing shall be construed to be the Executive agen24 cy employing the employee. 


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1 (4) EXECUTIVE AGENCY.—The term ‘‘Executive 

2 agency’’— 

3 (A) has the meaning given the term in sec4 tion 105 of title 5, United States Code; and 

5 (B) includes the Executive Office of the 

6 President. 

7 (5) PROVIDER.—The term ‘‘provider’’ means a 

8 provider of a covered platform. 

9 (b) PROHIBITIONS.— 

10 (1) IN GENERAL.—An employee acting under 

11 official authority or influence may not— 

12 (A) use any form of communication (with13 out regard to whether the communication is 

14 visible to members of the public) to direct, co15 erce, compel, or encourage a provider to take, 

16 suggest or imply that a provider should take, or 

17 request that a provider take any action to cen18 sor speech that is protected by the Constitution 

19 of the United States, including by— 

20 (i) removing that speech from the ap21 plicable covered platform; 

22 (ii) suppressing that speech on the ap23 plicable covered platform; 

24 (iii) removing or suspending a par25 ticular user (or a class of users) from the 


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1 applicable covered platform or otherwise 

2 limiting the access of a particular user (or 

3 a class of users) to the covered platform; 

4 (iv) labeling that speech as 

5 disinformation, misinformation, or false, or 

6 by making any similar characterization 

7 with respect to the speech; or 

8 (v) otherwise blocking, banning, delet9 ing, deprioritizing, demonetizing, 

10 deboosting, limiting the reach of, or re11 stricting access to the speech; 

12 (B) direct or encourage a provider to share 

13 with an Executive agency covered information 

14 containing data or information regarding a par15 ticular topic, or a user or group of users on the 

16 applicable covered platform, including any cov17 ered information shared or stored by users on 

18 the covered platform; 

19 (C) work, directly or indirectly, with any 

20 private or public entity or person to take an ac21 tion that is prohibited under subparagraph (A) 

22 or (B); or 

23 (D) on behalf of the Executive agency em24 ploying the employee— 


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1 (i) enter into a partnership with a 

2 provider to monitor any content dissemi3 nated on the applicable covered platform; 

4 or 

5 (ii) solicit, accept, or enter into a con6 tract or other agreement (including a no7 cost agreement) for free advertising or an8 other promotion on a covered platform. 

9 (2) EXCEPTION.—Notwithstanding subpara10 graph (B) of paragraph (1), the prohibition under 

11 that subparagraph shall not apply with respect to an 

12 action by an Executive agency or employee pursuant 

13 to a warrant that is issued by any court of com14 petent jurisdiction, including a court of the United 

15 States of competent jurisdiction in accordance with 

16 the procedures described in rule 41 of the Federal 

17 Rules of Criminal Procedure. 

18 (c) PRIVATE RIGHT OF ACTION.— 

19 (1) IN GENERAL.—A person, the account, con20 tent, speech, or other information of which has been 

21 affected in violation of this section, may bring a civil 

22 action in an appropriate district court of the United 

23 States (and a State government, the Government of 

24 the District of Columbia, or the government of a ter25 ritory of the United States may bring a civil action 


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1 in an appropriate district court of the United States 

2 on behalf of such a person, if that person is subject 

3 to the jurisdiction of the applicable government) for 

4 reasonable attorneys’ fees, injunctive relief, and ac5 tual damages against— 

6 (A) the applicable Executive agency; and 

7 (B) the employee of the applicable Execu8 tive agency who committed the violation. 

9 (2) PRESUMPTION OF LIABILITY.—In a civil ac10 tion brought under paragraph (1), there shall be a 

11 rebuttable presumption against the applicable Exec12 utive agency or employee if the person bringing the 

13 action, or the government bringing the action on be14 half of a person, demonstrates that the applicable 

15 employee communicated with a provider on a matter 

16 relating to— 

17 (A) covered information with respect to 

18 that person; or 

19 (B) a statement made by that person on 

20 the applicable covered platform. 

21 (3) APPLICABILITY.—A person or government 

22 described in paragraph (1) may bring a civil action 

23 under this subsection with respect to any violation of 


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1 this section committed before, on, or after the date 

2 of enactment of this Act. 

Æ 


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