HR 83 — Protecting Constitutional Rights from Online Platform Censorship Act
Last action — Referred to the Subcommittee on Communications and Technology.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Protecting Constitutional Rights from Online Platform Censorship Act This bill eliminates the immunity of a provider or user of an interactive computer service (e.g., social media company) from liability for restricting certain offensive material, and it prohibits an internet platform from taking action to restrict a user's material that is protected under the Constitution or federal, state, or local law.
Bill Text
- Introduced Introduced in House Current html January 04, 2021
Compared against current U.S. Code AI-generated reading aid — verify against the official bill.
The bill modifies the protections under Section 230 by redefining the obligations of internet platforms regarding content moderation and allowing users to sue for monetary relief for censorship of protected material.
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47 U.S.C. 230(c)
Protection for `Good Samaritan' Blocking and Screening of Offensive Material→ Blocking and Screening of Lawful and Constitutional MaterialChanges the title of the section to emphasize the focus on lawful and constitutional material.
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47 U.S.C. 230(c)(2)
No provider or user of an interactive computer service shall be held liable on account of— any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).→ (2) Prohibition.-- (A) In general.--It shall be unlawful for any internet platform to take an action to restrict access to or the availability of protected material of a user of such platform. (B) Private right of action.--If an internet platform takes an action to restrict access to or the availability of protected material of a user of such platform, such user may bring an action in an appropriate State court or an appropriate district court of the United States against such platform to obtain the relief described under subparagraph (C). (C) Relief.--A user that prevails in a civil action under subparagraph (B) may obtain monetary relief of not less than $10,000 but not more than $50,000 per action described under subparagraph (A). (D) Protected material defined.--In this paragraph, the term `protected material' means material that is protected under the Constitution or otherwise protected under Federal, State, or local law.Replaces existing liability protections for platforms with a prohibition against restricting access to constitutionally protected material and establishes a private right of action for users.
Action History
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Introduced in House
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Introduced in House
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Referred to the House Committee on Energy and Commerce.
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Referred to the Subcommittee on Communications and Technology.
Sponsors
- Scott DesJarlais · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- DesJarlais, Scott Republican
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 83 do?
- Protecting Constitutional Rights from Online Platform Censorship Act This bill eliminates the immunity of a provider or user of an interactive computer service (e.g., social media company) from liability for restricting certain offensive material, and it prohibits an internet platform from taking action to restrict a user's material that is protected under the Constitution or federal, state, or local law.
- Who sponsors HR 83?
- HR 83 is sponsored by DesJarlais, Scott (Republican).
- What is the current status of HR 83?
- This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 83?
- Track HR 83 free on One Click Politics — get push/email alerts when it moves.
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