Ohio bill would allow users to sue Facebook, Twitter over censorship – NBC4 WCMH-TV
COLUMBUS, Ohio (WCMH) One year after YouTube removed from its site a video in which an Ohio attorney touted lies about COVID-19, eight Republicans approved a bill to counter what they called Big Techs suppression of free speech.
In an 8-4 vote Thursday, the Civil Justice Committee approved House Bill 441 to prohibit social media platforms from censoring expression based on a users viewpoint not including speech thats already deemed illegal under federal law, like harassment or shouting fire in a crowded theater.
The bill joins an increasingly national discourse concerned with the uptick in social media sites deplatforming or restricting users ranging from the permanent suspension of former President Donald Trumps Twitter account due to incitement of violence to removing individual Facebook posts promoting Holocaust denial conspiracies.
By preventing Big Tech companies from continuing to engage in viewpoint discrimination, we hope to protect the free exchange of ideas and information in Ohio, Rep. Scott Wiggam (R-Wooster) said in his testimony before the Civil Justice Committee.
While the bill does not equip the state with the power to enforce the censorship ban, it does allow individual Ohioans to file a civil suit against social media companies with more than 50 million U.S. users that block, remove or restrict them from using their site.
Bill co-sponsors Wiggam and Rep. Al Cutrona (R-Canfield) did not respond to requests for comment.
Since January 2020, Twitter has challenged nearly 12 million accounts, suspended more than 8,000 and removed nearly 84,000 posts the social media giant said constituted potentially harmful and misleading information about the COVID-19 pandemic, according to Twitters Transparency Center.
A Fremont attorney who testified against Gov. Mike DeWines COVID-19 shutdown orders before a House committee in 2021 was also the victim of what Wiggam called a government-induced attempt to regulate speech.
A video recording of Thomas Renz was removed from YouTube after the platform determined his speech violated their terms of service by spreading COVID-19 misinformation including a debunked claim that no Ohioans under the age of 19 died from the virus, according to the Associated Press.
Big Tech companies have censored individuals in response to suggestions and pressures from government officials and so have censored Americans on behalf of the government, Wiggam said in his written testimony.
Gary Daniels, chief lobbyist of the American Civil Liberties Union of Ohio who testified against HB 441, said its unlikely the legislation would survive a legal battle in court.
Unlike government agencies or public entities, social media platforms are private actors and thus arent required to abide by free speech protections under the First Amendment, he said.
These are private entities; they make the decisions whether they have a policy or not, Daniels said. They make these decisions ultimately as to what they want to host or entertain or have on their social media sites.
Ohio itself, Daniels said, could be found in violation of the First Amendment if HB 441 is enacted, as governments are prohibited from compelling speech in other words, forcing an individual or company like Facebook to support or broadcast certain expressions.
Mandating a social media platform to maintain certain content on its site, Daniels said, would be the similar to the government dictating what a newspaper can print or requiring an anti-abortion group to spread messaging supporting a persons right to an abortion.
The idea that the government can do this with private entities would essentially mean all bets are off government controls speech thats out there and will force you to say whatever the government thinks is appropriate, Daniels said.
HB 441 also doesnt clarify what type of action is deemed viewpoint discrimination by social media companies, Daniels said, creating a murky, ambiguous body of law that could open the door for the proliferation of frivolous lawsuits.
It doesnt have to be political speech. It can be for some reason, you know, Facebook wants to remove your cupcake recipe, he said. Everybody agrees they shouldnt be doing something like that thats unfair and not what the people need or want. But again, its their website. Its their social media company.
Cutrona, however, contended that social media platforms act as common carriers like the U.S. Postal Service, phone companies and public transportation that are responsible for the transmission of goods via services open to the general public.
Commons carriers are required to operate with neutrality, which Daniels said explains the fact that the post office cant refuse to deliver a National Rifle Association newsletter because it disagrees with the NRAs speech. And Amtrak, he said, generally does not concern itself with a passengers political views.
These services are affected with a public interest, are public accommodations, are central public forums for public debate, and have enjoyed governmental support in the U.S., Cutrona said in his written testimony. As such, Ohio is well within its rights to stop Big Tech from censoring users based on their viewpoint.
But Daniels said social media giants dont operate or advertise themselves as common carriers, as they obviously exercise control over speech, enforcing myriad speech-related rules within their terms of service.
Florida Gov. Ron DeSantis signed a similar bill into law allowing residents to sue social media companies over speech violations only to be served with a preliminary injunction blocking its enforcement by a federal judge in June 2021.
The legislation now at issue was an effort to rein in social-media providers deemed too large and too liberal. Balancing the exchange of ideas among private speakers is not a legitimate governmental interest, the Florida judge wrote in his injunction order.
A Texas bill restricting a social media companys ability to regulate users speech was also hit with a preliminary injunction by a federal judge in December 2021.
The judge said the enacted legislation would radically upset the ways in which social media platforms operate by stifling their ability to maintain safe, useful, and enjoyable sites for users.
Content moderation and curation will benefit users and the public by reducing harmful content and providing a safe, useful service, the federal Texas judge wrote in his injunction order.
Despite Daniels certainty that HB 441 will witness a similar fate in court, hes convinced the bills sponsors are using the legislation as a bully pulpitto garner the publics attention toward the issue.
Even the threat of introducing a law, the threat of having a bill out there and passing it into law those types of things they hope, essentially, will cause social media companies to change what they are doing.
Excerpt from:
Ohio bill would allow users to sue Facebook, Twitter over censorship - NBC4 WCMH-TV
- EFF, Open Rights Group, Big Brother Watch, and Index on Censorship Call on UK Government to Repeal Online Safety Act - Electronic Frontier Foundation - December 16th, 2025 [December 16th, 2025]
- Censor approval pending as IFFK puts 19 films, including Palestine-themed titles, on hold | Entertainment News - Hindustan Times - December 16th, 2025 [December 16th, 2025]
- Europes real censorship problem isnt what Trump claims - Index on Censorship - December 16th, 2025 [December 16th, 2025]
- Is impartiality possible when it comes to free speech? - Index on Censorship - December 16th, 2025 [December 16th, 2025]
- Union government disallows screening of 19 films at the 30th International Film Festival of Kerala - t2ONLINE - December 16th, 2025 [December 16th, 2025]
- This HIV Expert Refused To Censor Data, Then Quit the CDC - KFF Health News - December 16th, 2025 [December 16th, 2025]
- Dhurandhar Faces Regional Censorship in the Gulf but Dominates India With Massive Action-Spy Buzz - Times of India - December 14th, 2025 [December 14th, 2025]
- Censorship pure and simple: critics hit out at Trump plan to vet visitors social media - The Guardian - December 14th, 2025 [December 14th, 2025]
- Meta accused of banning LGBTQ+ accounts in one of its "biggest waves of censorship" ever - LGBTQ Nation - December 14th, 2025 [December 14th, 2025]
- Who is 2025s Tyrant of the Year? - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- YouTube and big tech censorship threatens global accountability, Palestinian rights groups say - Mondoweiss - December 14th, 2025 [December 14th, 2025]
- Elons Crying Censorship Over An EU Fine That Has Nothing To Do With Censorship - Above the Law - December 14th, 2025 [December 14th, 2025]
- Opinion | We Should Teach Our Students How to Think, Not What to Believe - The New York Times - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Donald Trump - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Vladimir Putin - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Recep Tayyip Erdoan - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Mullah Hibatullah Akhundzada - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Ayatollah Ali Khamenei - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Trump Is Using the Misinformation Censorship Playbook Republicans Attacked Biden For - Reason Magazine - December 12th, 2025 [December 12th, 2025]
- What we learned about free speech in 2025 - Good Authority - December 12th, 2025 [December 12th, 2025]
- Under the radar: Israel steps up censorship and suppression of independent reporting - Committee to Protect Journalists - December 12th, 2025 [December 12th, 2025]
- Education advocates urge Hochul to sign bill aimed at combating censorship in schools - WAMC - December 12th, 2025 [December 12th, 2025]
- ICEBlock app sues Trump administration for censorship and 'unlawful threats' - NPR - December 12th, 2025 [December 12th, 2025]
- OnePlus Removes AI Writing Feature After Reports of China-Focused Censorship - PCMag - December 12th, 2025 [December 12th, 2025]
- Tyrant of the year 2025: John Lee - Index on Censorship - December 12th, 2025 [December 12th, 2025]
- Facing Criticism, Weber State Says It Will Be More Nuanced - Inside Higher Ed - December 12th, 2025 [December 12th, 2025]
- Snapshots of Censorship: The Cost of Criticizing the President - PEN America - December 12th, 2025 [December 12th, 2025]
- Meta shuts down global accounts linked to abortion advice and queer content - The Guardian - December 12th, 2025 [December 12th, 2025]
- Tyrant of the year 2025: Nayib Armando Bukele - Index on Censorship - December 12th, 2025 [December 12th, 2025]
- LGBTQ+ and abortion organisations claim Meta is silencing their accounts in huge censorship sweep - attitude.co.uk - December 12th, 2025 [December 12th, 2025]
- Kentuckians feared the post-war world. So they burned their kids comic books - Lexington Herald Leader - December 12th, 2025 [December 12th, 2025]
- ICE tracking app sues Trump admin for abuse of govt power, censorship; says admin pressured Apple to remove app - CNN - December 12th, 2025 [December 12th, 2025]
- Pro-Life Pregnancy Centers Case: Even the ACLU Calls NJ Actions 'Censorship by Intimidation' - cbn.com - December 12th, 2025 [December 12th, 2025]
- Tyrant of the year 2025: Narendra Modi - Index on Censorship - December 12th, 2025 [December 12th, 2025]
- ICEBlock Developer Sues Trump Admin Over Censorship 12/09/2025 - MediaPost - December 12th, 2025 [December 12th, 2025]
- OnePlus temporarily disables a major AI feature following allegations of censoring sensitive geopolitical terms - PhoneArena - December 12th, 2025 [December 12th, 2025]
- Despite censorship woes and the terrifying price of RAM, 2025 was the year I fell back in love with PC gaming - GamesRadar+ - December 12th, 2025 [December 12th, 2025]
- Internet Censorship Tools Exported Along Belt and Road - The Jamestown Foundation - December 12th, 2025 [December 12th, 2025]
- 'There's too much censorship, restrictions': Mona Singh says the kind of shows OTT streams 'would never be shown on TV' | Hindustan Times - Hindustan... - November 30th, 2025 [November 30th, 2025]
- Cultural heritage organizations need continued funding and freedom from censorship [letter] - LancasterOnline - November 30th, 2025 [November 30th, 2025]
- NetChoice Disappointed in 11th Circuits Ruling Allowing Florida to Enforce Its ID-for-Speech Law - NetChoice - November 30th, 2025 [November 30th, 2025]
- David Rieff: To be truly woke, wed have to even censor the pyramids of Tenochtitlan - EL PAS English - November 30th, 2025 [November 30th, 2025]
- In memory of Sir Tom Stoppard, a visionary dramatist and fierce champion of free expression - Index on Censorship - November 30th, 2025 [November 30th, 2025]
- Salman Rushdie: BBC removal of Trump criticism was cowardly - UnHerd - November 30th, 2025 [November 30th, 2025]
- A movie that drove Canadian censors wild returns to the screen - CBC - November 30th, 2025 [November 30th, 2025]
- Posters with purpose: the analog protest calling out the censorship of womens health - Tech.eu - November 30th, 2025 [November 30th, 2025]
- Dmitry Glukhovsky on exile, censorship and the dystopia of modern Russia - Reuters - November 28th, 2025 [November 28th, 2025]
- Police accused of censorship after officers raid Standing Together event in Haifa report - The Times of Israel - November 28th, 2025 [November 28th, 2025]
- Pop Star Googoosh on Irans Censorship, Exile and Her Fight to Perform - Newsweek - November 28th, 2025 [November 28th, 2025]
- Ali Asgari on Satire, Censorship, Absurdities Behind 'Divine Comedy' - Variety - November 28th, 2025 [November 28th, 2025]
- How Steam censors LGBTQ+ content on behalf of the Russian Government, 27/11/2025 - Video Games Industry Memo - November 28th, 2025 [November 28th, 2025]
- MTV Banned Madonna's 'Justify My Love' Music Video in 1985 for Being Too Racy. The Censorship Backfired Spectacularly - Yahoo - November 28th, 2025 [November 28th, 2025]
- Iranian Filmmaker Ali Asgari on Satire, Censorship and Absurdities Behind Divine Comedy: You Show How Silly and Stupid the Rules Are - IMDb - November 28th, 2025 [November 28th, 2025]
- BBC Accused Of Censorship After Removing Claim That Trump Is Most Openly Corrupt President In History From Prestigious Radio Show - deadline.com - November 28th, 2025 [November 28th, 2025]
- Freedom of speech needs freedom of thought - Index on Censorship - November 28th, 2025 [November 28th, 2025]
- Trkiye: Political pressure, judicial harassment and censorship targets media - ARTICLE 19 - Defending freedom of expression and information. - November 28th, 2025 [November 28th, 2025]
- On the Sweeping Supreme Court Decision That Led to Widespread High School Censorship - Literary Hub - November 28th, 2025 [November 28th, 2025]
- Valve block Steam game with queer art in Russia after state censor attacks it for promoting non-traditional sexualities - Rock Paper Shotgun - November 28th, 2025 [November 28th, 2025]
- Quebec universities warn Bill 1 could force schools to self-censor - Montreal Gazette - November 28th, 2025 [November 28th, 2025]
- VICTORY AGAINST STATE CENSORSHIP Alternative news organization Bulatlat hails a Quezon City court decision that nullified the blocking of its website... - November 28th, 2025 [November 28th, 2025]
- FCPS school board censorship: Definitely illegal and incredibly stupid, part 2 | Opinion - Yahoo - November 24th, 2025 [November 24th, 2025]
- YouTuber exposes the most censored and surveilled Android phones in the world - Android Authority - November 24th, 2025 [November 24th, 2025]
- Toby Young to Address Orbn-Backed Group on UK Censorship - DeSmog - November 24th, 2025 [November 24th, 2025]
- Europes Minor Protection Tightrope: How to Protect Young Users Without Censoring the Internet - Disruptive Competition Project - November 24th, 2025 [November 24th, 2025]
- Judge Declares Government Censorship Law that Caused Hundreds of Book Removals from Libraries in Missouri Unconstitutional - ACLU of Missouri - November 23rd, 2025 [November 23rd, 2025]
- Trump Adds Censorship to the Campaign Against Arms Control and Disarmament - CounterPunch.org - November 23rd, 2025 [November 23rd, 2025]
- Seaver Faculty Association Sends Letter on Weisman Censorship to Administrators - Pepperdine Graphic - November 23rd, 2025 [November 23rd, 2025]
- NDSS 2025 THEMIS: Regulating Textual Inversion For Personalized Concept Censorship - Security Boulevard - November 23rd, 2025 [November 23rd, 2025]
- Advocates Alarmed Over New Alabama Ban On Youth Access To Trans Books In Libraries - PEN America - November 23rd, 2025 [November 23rd, 2025]
- Editorial Cartoon: Big Tech is censoring the reality of the war in Gaza - The Minnesota Daily - November 23rd, 2025 [November 23rd, 2025]
- Tales of Berseria Remastered will be censored worldwide - Nintendo Everything - November 20th, 2025 [November 20th, 2025]
- How Donald Trump can still censor the Epstein files - The Telegraph - November 20th, 2025 [November 20th, 2025]
- What a Black Congresswoman Allegedly Said in Just-Released Epstein Texts That Has Republicans Demanding Her Censorship - The Root - November 20th, 2025 [November 20th, 2025]
- UK university censors human rights research on abuses in China - FIRE | Foundation for Individual Rights and Expression - November 20th, 2025 [November 20th, 2025]
- Trump, Brendan Carr Threaten To Censor Some More Comedians For The Crime Of Comedy - Techdirt. - November 20th, 2025 [November 20th, 2025]
- Internet Censorship in 2025: The Impact of Internet Restrictions - Security.org - November 20th, 2025 [November 20th, 2025]
- Tales Of Berseria Remastered's Japanese Version Will Include The Original's Overseas Censorship - TheGamer - November 20th, 2025 [November 20th, 2025]
- Breaking the positive feedback loop of oppressive censorship - dailycal.org - November 20th, 2025 [November 20th, 2025]
- Franco's 36 years of authoritarian right-wing rule was marked by repression and censorship - IslanderNews.com - November 20th, 2025 [November 20th, 2025]
- Shakespeare Makes a Fool of His Censors - The Imaginative Conservative - November 20th, 2025 [November 20th, 2025]