Ga. Should Wait to Regulate Social Media, House Panel Told

Democrats questioned why Georgia should pass a social media law before courts decide the fate of enjoined similar laws in Florida and Texas. The House Judiciary Committee mulled SB-393 at a partially virtual House Judiciary Committee hearing Wednesday. The Senate passed the bill to treat social media platforms as common carriers in a 33-21 vote earlier this month (see 2203090044). Rep. Mary Margaret Oliver (D) said she doesn’t want Georgia to join state litigation. Rep. Matthew Wilson (D) agreed. "If this bill passes, it will be immediately enjoined and litigated. Why should Georgians have to pay the litigation costs?" Rep. Mike Wilensky (D) fears the bill would make it difficult for websites to stop harassment and antisemitic speech, he said. Sponsor Sen. Greg Dolezal (R) said the bill aims to “eliminate viewpoint-based censorship” but wouldn’t stop websites from removing obscenities or harassment. Chairman Chuck Efstration (R) asked if social platforms are truly monopoly common carriers since people can use other platforms that might not restrict what they say. Dolezal said other platforms exist, but they don't have the same scale or ubiquity as Twitter or Facebook. NetChoice Policy Counsel Chris Marchese urged legislators to wait for appeals court rulings this summer on Texas and Florida laws. Georgia’s bill is most like the Texas law; Florida’s law is before the 11th U.S. Circuit Court of Appeals, which also covers Georgia, he said. SB-393 is more unconstitutional than the Texas law because, by exempting ISPs, the bill that would classify social websites as common carriers would protect “actual common carriers,” Marchese said. Rep. James Burchett (R) rejected claims that social media aren’t big enough to cause concern. If more than 90% of Americans are on Facebook, the platform seems to be taking on the role of the town square, he said. The Judiciary panel will have another hearing on SB-393, said Efstration. In other states, a South Carolina social media bill (S-551) is scheduled for hearing Thursday in the Senate Labor, Commerce and Industry committee. Alaska and Tennessee had hearings on similar bills Tuesday (see 2203220042).