California Legislature Passes Social Media Censorship Bill

While national headlines focused on the tragic assassination of Charlie Kirk earlier this month, the California Legislature quietly advanced Senate Bill 771 (SB 771) — a sweeping piece of legislation that critics say could criminalize constitutionally protected speech online.

The bill, titled “Personal Rights Liability: Social Media Platforms,” passed the State Assembly on September 10 and cleared the State Senate on September 16, leaving only Governor Gavin Newsom’s signature between the legislation and becoming law.

What SB 771 Does

SB 771 would allow the state of California to levy steep civil penalties — up to $1 million per violation — against large social media companies that “knowingly” or “recklessly” allow content to be relayed through algorithms that the state deems in violation of its “civil rights protections,” with “reckless” violations resulting in fines of up to $500,000 and “knowing” or “intentional” violations carrying penalties up to $1 million

The bill applies to social media companies with over $100 million in annual gross revenue, meaning it would target platforms like YouTube, X (formerly Twitter), Facebook, Instagram, and TikTok — but exempt smaller platforms like 4chan, Truth Social, or other less profitable sites.

What the Bill Says vs. What It Does

Proponents of the bill argue it’s necessary due to a rise in hate crimes and harassment online, particularly targeting LGBTQ+, Jewish, immigrant, and female communities. They cite statistics from groups like the Human Rights Campaign, the Anti-Defamation League, and Global Witness.

The bill claims it “is not intended to regulate speech or viewpoint,” but rather to ensure platforms do not use their algorithms to promote conduct that violates state civil rights laws.

However, critics across the political spectrum warn that algorithms themselves are a form of speech, and that any moderation of user content based on state definitions of “hate” or “harassment” treads dangerously close to government censorship.

“This bill includes algorithms where new posts are shown first or posts shown are only from the people one follows, without further customization,” said Shoshana Weissmann of the R Street Institute. “Under this bill, any form of showing content to users would make the companies liable for user speech. This obviously makes no sense.”

Bill Passed While Nation Focused on Charlie Kirk’s Death

The timing of the bill’s passage has further fueled public concern. Critics noted that while the media and public were consumed with coverage of Charlie Kirk’s assassination on September 10, California lawmakers pushed SB 771 forward quietly.

“Ten days ago, SB 771 passed the Assembly,” one commentator noted in a viral video. “Then on September 16th, it passed the Senate completely under our noses. Right now, all that stands between complete statewide government censorship is Gavin Newsom’s signature.”

The bill defines harmful content broadly, protecting “historically marginalized groups” from harassment. But opponents argue the lack of clear legal definitions for “hate,” “harassment,” and “disinformation” opens the door for political abuse.

Likely Legal Challenges Ahead

Even if signed into law, SB 771 is expected to face immediate legal challenges on two key fronts:

1. The First Amendment – Courts have consistently ruled that government cannot regulate speech based on viewpoint, and that social media companies have some First Amendment protections themselves in deciding what to allow on their platforms.
2. Section 230 of the Communications Decency Act – This federal law protects platforms from liability for user-generated content. SB 771 could be challenged as a state-level attempt to override federal protections.

“There have been many bills that attempt to get around First Amendment and Section 230 complications with compelling platforms to curtail user speech by targeting algorithms. There are many issues with doing so—including the fact that algorithms are also speech,” Weissman continued.

What’s Next

If signed by Governor Newsom, SB 771 would likely go into effect on January 1, 2026, setting the stage for a legal and political battle over the future of free expression online — and the power of states to regulate digital speech.

READ NEXT: Google To Reinstate YouTube Accounts Removed At Behest Of Biden Admin