La. Panel Refuses to Advance Social Media Bias Bill

A Louisiana House panel spiked a bill to allow private suits against social media companies that delete or censor a user’s religious or political speech. At a livestreamed Monday hearing, Commerce Committee Chairwoman Paula Davis (R) joined the 9-4 vote to involuntarily defer the bill (HB-602) by Rep. Beryl Amedee (R) to allow users to collect up to $75,000 in damages from websites. It was involuntary because Amedee didn’t request deferment; the proposal may only be reheard if two-thirds of the committee supports it. Amedee said she personally experienced censorship when Facebook deleted the second half of her pastor’s sermon during the pandemic. The state may step in because the largest sites are monopolies and effectively acting as public town squares, she said. The legislation isn’t meant to spur much litigation but to push back against large platforms, she said. Democrats slammed the bill. “The fact that I have about $150,000 in law school debt shows me that this bill is unconstitutional,” said Rep. Kyle Green (D). Rep. Royce Duplessis (D) chided that he “didn’t realize” the First Amendment “extended to private entities.” Social media companies have a First Amendment right to moderate content, testified James Hines, Internet Association state government affairs director-southern region. “Companies are not perfect ... but they’re doing their best to be a place where ideas can flourish and where they also enforce community standards and promote a positive experience.” The bill doesn’t promote conservative or Republican values and “would have the unintended consequence of creating content cesspools,” said NetChoice counsel Chris Marchese. Allowing up to $75,000 in damages will incentivize litigation, he said. Chris Sevier, a national anti-pornography advocate seen in other state legislatures backing bills to require porn filters (see 1704120070), supported HB-602 and said the bill is constitutional. The Florida legislature passed a social media regulation bill last week (see 2104300059).