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A BILL TO BE ENTITLED
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AN ACT
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relating to the censorship or disfavoring of political or religious |
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speech by a social media website. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the "Stop Social Media |
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Censorship Act." |
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SECTION 2. The legislature finds that: |
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(1) this state has a compelling interest in holding |
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certain social media websites to higher standards for having |
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substantially created a digital public square; and |
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(2) this state has an interest in helping its |
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residents enjoy their free exercise of rights in certain |
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semi-public forums commonly used for religious and political |
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speech. |
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SECTION 3. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 129B to read as follows: |
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CHAPTER 129B. SOCIAL MEDIA CENSORSHIP |
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Sec. 129B.001. DEFINITIONS. In this chapter: |
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(1) "Algorithm" means a set of instructions designed |
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to perform a specific task. |
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(2) "Hate speech" means a phrase concerning content |
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that an individual finds offensive based on the individual's moral |
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code. |
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(3) "Obscene" means material that an average person, |
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applying contemporary community standards, would find, taken as a |
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whole, has a dominant theme that appeals to prurient interests. |
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(4) "Political speech" means speech relating to the |
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state, government, body politic, or public administration as it |
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relates to public policymaking. The term includes speech by the |
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government or a candidate for public office and any discussion of |
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social issues. |
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(5) "Religious speech" means speech relating to a set |
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of unproven answers, truth claims, faith-based assumptions, and |
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naked assertions that attempt to explain questions concerning how |
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the world was created, what constitutes right and wrong actions by |
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humans, and what happens after death. |
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(6) "Social media website" means an Internet website |
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or application that enables users to communicate with other users |
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by posting content, including information, comments, messages, and |
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images. |
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Sec. 129B.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only to a social media website that: |
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(1) is open to the public; |
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(2) has more than 75 million subscribers; and |
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(3) from its inception, has not been specifically |
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affiliated with a religion or political party. |
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Sec. 129B.003. PRIVATE RIGHT OF ACTION. A social media |
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website user in this state who is 18 years of age or older may bring |
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a civil action against the owner or operator of a social media |
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website that purposefully: |
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(1) deletes or censors the user's political or |
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religious speech; or |
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(2) uses an algorithm to disfavor or censor the user's |
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political or religious speech. |
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Sec. 129B.004. REMEDIES. (a) A claimant who prevails in an |
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action under this chapter may recover: |
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(1) exemplary damages of $75,000 per purposeful action |
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described by Section 129B.003, regardless of whether actual damages |
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are awarded or the proof required by Section 41.003 is met; |
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(2) actual damages; |
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(3) other forms of equitable relief; |
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(4) court costs; and |
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(5) reasonable attorney's fees. |
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(b) In addition to an award under Subsection (a)(1), a |
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claimant who prevails in an action under this chapter may recover |
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additional exemplary damages in accordance with Chapter 41. |
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Sec. 129B.005. MITIGATION OF DAMAGES. The defendant in an |
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action under this chapter may mitigate damages by restoring from |
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deletion or removing the censorship of the claimant's speech in a |
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reasonable amount of time. |
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Sec. 129B.006. PROHIBITED DEFENSE. The defendant in an |
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action under this chapter may not use the claimant's alleged hate |
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speech as a basis for a defense of the defendant's actions. |
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Sec. 129B.007. ATTORNEY GENERAL ACTION. The attorney |
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general may bring an action under this chapter against a social |
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media website on behalf of a social media website user who resides |
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in this state and whose political or religious speech has been |
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censored by the social media website. |
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Sec. 129B.008. EXEMPTIONS. This chapter does not apply to: |
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(1) a social media website that deletes or censors a |
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social media website user's speech or that uses an algorithm to |
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disfavor or censor speech that: |
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(A) calls for immediate acts of violence; |
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(B) is obscene or pornographic in nature; |
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(C) is the result of operational error; |
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(D) is ordered by a court; |
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(E) comes from an inauthentic source; |
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(F) involves false personation; |
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(G) entices criminal conduct; or |
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(H) involves a minor bullying another minor; or |
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(2) a social media website user censoring another |
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social media website user's speech. |
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SECTION 4. Chapter 129B, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |