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CAIR California

SB 771 Is a Threat to Free Speech on Social Media

California Senate Bill (SB) 771, authored by Senator Henry Stern (D-27), opens the door to digital profiling and targeted censorship on social media platforms.

This bill would allow the state to fine social media companies up to $1 million per violation if a post is flagged and amplified by the algorithm—even if the content is lawful and fact-based.

As currently written, SB 711 could pressure social media companies to suppress and remove constitutionally protected speech, stifling legitimate political advocacy and public discourse.

Despite aiming to combat all hate and discrimination online, SB 771’s vague definitions of “willful” and “reckless” content and reliance on flawed data create strong incentives for over-censorship on social media and set a precedent for companies to remove lawful content for the sake of avoiding financial penalties.

The bill’s broad framing also leaves room for groups with political agendas to pressure social media companies to remove certain types of speech from their platforms, under the guise of “hate speech.”

If passed, SB 771 could be weaponized to silence dissent and censor voices speaking out against Israel’s ongoing genocide in Gaza.

While CAIR-CA supports efforts to combat hate-fueled violence and discrimination online, SB 771, in its current form, lacks safeguards to prevent abuse by social media companies and efforts from outside groups to silence the voices of marginalized communities.

CAIR-CA calls on the California Assembly Committee on Appropriations members to vote ‘No’ on SB 771.

This bill opens the door for bad actors to disproportionately pressure online corporations into silencing free speech to reduce their financial liability, with no protections for users against those mechanisms. It does nothing to address the actual drivers of anti-Black racism, Islamophobia, and white supremacist violence. Instead, it risks chilling dissenting voices—particularly those advocating for Palestinian human rights—under the guise of combating hate.”

TAKE ACTION

Urge the Assembly Committee on Appropriations to protect digital freedom and vote ‘No’ on SB 771.

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