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119-s-69119th CongressWALLET

COLLUDE Act

Sponsored By: Senator Schmitt, Eric [R-MO]

Introduced

Summary

This bill would narrow online platforms' broad legal immunity by limiting Section 230 protection when platforms restrict political speech after a government request. It also would change the legal process by making immunity an affirmative defense that platforms must prove in court.

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  • Platforms and companies would bear the burden of proving they are not the information content provider before a case can be dismissed, making early dismissal less automatic.
  • People who post political content could have a clearer path to sue if a platform limits visibility or access to their speech following a government communication that targets that platform.
  • Courts would see more cases move past initial dismissal because the bill replaces blanket immunity with a defendant-side affirmative defense in civil and criminal actions.
  • Communications from government that serve a defined "legitimate law enforcement purpose" or a defined "national security purpose" would not trigger loss of protection under the bill.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Limits platform immunity for censorship

If enacted, this bill would change the legal shield many online platforms use. Platforms could lose immunity when they restrict political speech after receiving a message sent only to them from a government actor. Messages sent only for a "legitimate law enforcement purpose" or a defined "national security purpose" would not cause that loss of protection. The bill would also make a platform or user prove in court they are not the content creator when sued as the speaker or publisher. "Legitimate law enforcement purpose" would mean the message is meant to let a law enforcement agency investigate a crime within its lawful authority. "National security purpose" would mean the message relates to intelligence work, cryptologic work tied to U.S. security, military command and control, weapon-related equipment, or direct military or intelligence missions.

Sponsors & CoSponsors

Sponsor

Schmitt, Eric [R-MO]

MO • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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