The 10 Promises › Proposal 8 of 10 · Jump to sign

8. The Free Speech Restoration Act

No one gets silenced by Big Tech or Big Government.

“If Men are to be precluded from offering their sentiments on a matter, which may involve the most serious and alarming consequences, that can invite the consideration of Mankind; reason is of no use to us—the freedom of Speech may be taken away—and, dumb & silent we may be led, like sheep, to the Slaughter.”George Washington, Newburgh Address to the Officers of the Army, March 15, 1783 · Read the source

Founding principle: Liberty dies when speech is suppressed.

What it does

Social media services with 50 million or more monthly U.S. users become common carriers for public posts: they may not remove, block, or demote lawful speech because of its viewpoint.
AI chat services with 50 million or more monthly U.S. users may not deny or end anyone’s access because of the user’s viewpoint. They are not required to generate any particular content.
Platforms can still remove spam, fraud, illegal content, true threats, targeted harassment, doxxing, impersonation, sexual content involving minors, and automated or bot abuse, and users can still choose their own filters.
Bans federal officials from asking, coercing, or threatening platforms to remove or restrict lawful speech, with civil penalties and discipline up to removal from office or employment. Officials may still notify platforms of unlawful content (such as child exploitation, true threats, fraud, and foreign-government operations), send public-safety and emergency notices, serve valid court orders and legal process, and handle routine business that is not about content. Every such contact is logged and published.
Platforms must publish every government request to restrict content within 30 days, unless a court order seals it, and then when the seal ends.
Users get notice and a reason, a human appeal decided within 14 days, and a right to sue over viewpoint bans.

Why it matters to you

You can say what you think online without a bureaucrat or a tech company shutting you down.

Legislative instrument: Bill (H.R.), with a Senate companion bill (S.).

Constitutional question

Current doctrine. In Moody v. NetChoice (2024), the Supreme Court said that a platform’s curation of its feed is expressive activity protected by the First Amendment, and sent the Texas and Florida laws back for further review. In NRA v. Vullo (2024), it held that government officials may not coerce private parties into punishing speech; in Murthy v. Missouri (2024), it dismissed a jawboning challenge for lack of standing without deciding the merits.

The argument for change. Common carriers, from railroads to telephones, have long been required to serve all comers (Justice Thomas, concurring in Biden v. Knight First Amendment Institute, 2021). PruneYard (1980) and Turner Broadcasting (1994, 1997) allowed must-carry rules for owners who are not speaking for themselves. The Act is limited to dominant services, to viewpoint, and to public posts.

Mechanism required. A statute. The government-pressure ban follows Vullo directly. The common-carrier duty faces a serious challenge under Moody and would be decided in court.

Read the Legislative Outline

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