# Plain Language Summary: 21st Century FREE Speech Act

This bill would fundamentally change how major social media platforms and online services operate by removing their current legal protections and treating them like public utilities. Right now, platforms like Facebook, Twitter, and YouTube have broad freedom to decide what content they host and who can use their services—they can remove posts, ban users, and moderate content with minimal legal consequences. This bill would strip away those protections and impose strict new rules on what the bill calls "common carrier technology companies," which essentially means large internet platforms that function as essential communication tools.

The core requirement is that major platforms must provide access to all users on "reasonable and non-discriminatory terms" without censoring religious or political speech. In practical terms, this means platforms couldn't ban someone or remove their content based on their political views or religious beliefs. The bill also requires platforms to publicly explain exactly how their content moderation systems work—what rules they follow, how their algorithms decide what to promote or hide, and why they remove content. If platforms violate these rules, users could sue them for at least $500 per violation, or more if they can prove actual damages. State attorneys general could also bring lawsuits on behalf of their residents.

However, the bill does allow platforms to remove content they consider obscene, excessively violent, harassing, or promoting self-harm or terrorism. Platforms also get protection for filtering out spam and malicious computer code. The catch is that any content removal must follow the platform's publicly stated rules consistently and fairly—they can't apply rules selectively to silence certain viewpoints. The bill specifically exempts broadband internet service providers from these requirements, so your internet company wouldn't be affected. Essentially, this legislation would transform how social media companies operate, giving users legal tools to challenge content moderation decisions they view as unfair or politically motivated.

21st Century FREE Speech Act

Greene, Marjorie Taylor

21st Century Foundation for the Right to Express and Engage in Speech Act or the 21st Century FREE Speech Act This bill makes various changes to liability protections and requirements for providers and users of an interactive computer service (e.g., a social media company). The bill replaces existing liability protections (sometimes referred to as Section 230 protection) related to content provided by third parties with more limited protections. The bill provides some liability protection for third-party content, but the protection shall not apply to a provider or user who carries out certain affirmative acts, such as barring users from the service or restricting access to or availability of material. However, the protection shall apply if the action is taken in good faith to restrict access to or availability of obscene, unlawful, or other similarly objectionable material. Additionally, the bill places specific requirements on common carrier technology companies, defined in the bill as providers that offer services to the public and have over 100 million active monthly users. These companies must <ul> <li>furnish their services to all persons upon request and in a manner that does not discriminate against or unfairly advantage any particular persons, class of persons, political or religious groups, or localities; and</li> <li>publicly disclose their practices for moderating content, terminating accounts, and related matters.</li> </ul> Aggrieved individuals and state entities may sue to enforce these requirements, and the Federal Communications Commission must develop best practices for complying with the requirements. The bill's provisions do not apply to designated areas of law, including criminal law and state law.