2023: Fitzpatrick Voted To Ban Federal Employees From Using Their
Official Authority To Promote The Censorship Of Online Speech On Social
Media Platforms. In March 2023, according to Congressional Quarterly,
Fitzpatrick voted for the Protecting Speech from Government Interference
Act, which would "prohibit federal employees from using their official
authority, whether on or off duty, to influence or promote the
censorship of any private entity's lawful speech on online social media
platforms, including if the employee is in any federal workplace,
wearing an official uniform or insignia, or using a federal vehicle or
federal information technology, such as email. It would state
congressional policy that employees acting in their official capacity
should not influence or promote such censorship; require all agencies to
provide mandatory annual compliance training for employees; direct the
Office of Special Counsel to investigate any allegations of censorship
activities prohibited by the bill; and establish penalties for employees
who violate the bill's provisions, including disciplinary actions and
fines of up to $1,000, or up to $50,000 for certain senior officials.
It would provide an exception to the prohibition for employees engaging
in legitimate law enforcement activities against unlawful speech,
provided that the employing agency submits a report to Congress and the
Office of Special Counsel at least 72 hours prior to any censorship
action detailing the action to be taken and the agency's legal authority
to exercise the law enforcement function; but the reporting requirement
would not apply to law enforcement activities relating to combating
child exploitation and human or drug trafficking, and reports may be
submitted within 72 hours after the action is taken in the case of
actions to prevent the dissemination of classified national security
information." The vote was on passage. The House passed the bill by a
vote of 219 to 206, thus the bill was sent to the Senate. [House Vote
141, 3/9/23;
Congressional Quarterly,
3/9/23; Congressional Actions,
H.R.
140]
The Bill Was Perceived To Hinder Governmental Efforts To Tackle
Online Content That Is Perceived As Harmful. According to
Congressional Quarterly, "The bill that senior House Republicans
introduced this month to prohibit federal officials from pressuring
social media companies to censor speech could hamstring government
efforts to combat online content that's widely perceived as harmful,
including threats to public safety." [Congressional Quarterly,
1/24/23]
The Bill Would Prohibit Federal Officials From Pressuring Online
Social Media Platforms To Censor Speech. According to
Congressional Quarterly, "The bill that senior House Republicans
introduced this month to prohibit federal officials from pressuring
social media companies to censor speech could hamstring government
efforts to combat online content that's widely perceived as harmful,
including threats to public safety." [Congressional Quarterly,
1/24/23]
The Bill Would Prohibit Officials From Using Their Authority Or
Influence To Promote For The Removal Of Online Content. According
to Congressional Quarterly, "Republicans say the bill (HR 140) is
designed to protect free speech on social media, but language
directing officials not to use their authority or influence to
'promote' or 'advocate' the removal of content is raising questions
about how those terms would be defined and whether public officials
might themselves be muzzled." [Congressional Quarterly,
1/24/23]
The Bill Could Interpret Federal Warnings About Online Russian
Disinformation, Health Disinformation, And Public Safety As
"Pressuring" Social Media Platforms To Remove Such Content.
According to Congressional Quarterly, "Federal warnings about online
Russian disinformation, health problems that result from online
behavior, and public safety could, given the reach of federal
officials, be interpreted as pressuring the platforms to remove that
content." [Congressional Quarterly,
1/24/23]
According To Congressman James Comer (R), The Bill Sought To Stop
The Biden Administration From Coercing Social Media Platforms To
Censor Certain Viewpoints And News. According to Congressional
Quarterly, "James R. Comer, R-Ky., who leads the House Oversight and
Accountability Committee, is the bill sponsor, reintroducing a
measure he first offered in the last Congress. He said in a
statement that it's meant to stop the Biden administration from
'bullying social media companies to censor certain views and news.'"
[Congressional Quarterly,
1/24/23]
Legal Experts Argued That The Bill Could Be Used To Prevent
Federal Officials From Notifying Social Media Outlets About
Potentially Harmful Content. According to Congressional Quarterly,
"But legal experts said the bill language could be construed to
prevent federal officials from even notifying social media companies
about potentially harmful content." [Congressional Quarterly,
1/24/23]
The Bill Would Impose Fines Up To $50,000 On Certain Senior
Officials Who Violate The Online Censorship Ban. According to
Congressional Quarterly, "The bill would levy fines as high as
$50,000 on certain senior officials who violate the measure's
restrictions." [Congressional Quarterly,
3/14/23]