California 2021-2022 Regular Session Status: In Committee 1 R cosponsors

AB 1114 — Social media platform: unprotected speech.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing constitutional law establishes the right of freedom of speech. Existing case law interpreting those provisions applies varying levels of scrutiny to state action that restricts protected speech, and classifies specific types of speech as unprotected speech, including, but not limited to, obscenity, incitement of imminent lawless action, and true threats, which are given lesser or no protection under the First Amendment. This bill would require a social media platform located in California, as defined, to develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. Re-referred to Com. on A.,E.,S.,T., & I.M.

  4. Read second time and amended.

  5. From committee: Amend, and do pass as amended and re-refer to Com. on A.,E.,S.,T., & I.M. (Ayes 7. Noes 3.) (April 13).

  6. Re-referred to Com. on JUD.

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  8. In committee: Set, first hearing. Hearing canceled at the request of author.

  9. Referred to Coms. on JUD. and A.,E.,S.,T., & I.M.

  10. From printer. May be heard in committee March 21.

  11. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (1)

  • Kiley

Not signed on (120)

120 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended and be re-referred to the Committee on [Arts, Entertainment, Sports, Tourism, and Internet Media]

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 5101
Republican 0200
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Chau — Yea
Holden — Yea
Chiu — Yea
Kiley — Nay
Maienschein — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Nay
Gallagher, James Republican Nay

Official roll call →

Subjects

civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1114 do?
Existing constitutional law establishes the right of freedom of speech. Existing case law interpreting those provisions applies varying levels of scrutiny to state action that restricts protected speech, and classifies specific types of speech as unprotected speech, including, but not limited to, obscenity, incitement of imminent lawless action, and true threats, which are given lesser or no protection under the First Amendment. This bill would require a social media platform located in California, as defined, to develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.
Who sponsors AB 1114?
AB 1114 is sponsored by Gallagher, James (Republican) and Kiley.
What is the current status of AB 1114?
This bill died with 2021-2022 Regular Session. 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 AB 1114?
Track AB 1114 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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