Freedom from Censorship Act
The Freedom from Censorship Act safeguards individuals’ rights to access information by prohibiting censorship in public institutions and on the internet while promoting age-appropriate solutions for minors. This Act ensures the free flow of information, upholds constitutional protections, and provides practical solutions to address content access concerns for minors without infringing on the rights of adults.
Key Provisions
Prohibition of Censorship: Bars entities from restricting access to books, media, or internet content in public institutions unless explicitly prohibited by law. Prohibits internet content filtering that blocks lawful, constitutionally protected material and ensures users can bypass filters for lawful purposes.
Alternatives for Minors: Encourages public institutions and organizations to implement age verification systems to provide minors with age-appropriate access without infringing on the broader public’s rights.Requires these systems to protect user privacy, avoid retaining personal data, and ensure access to lawful content.
Penalties for Non-Compliance: Entities or individuals engaging in censorship face fines of up to $50,000 per incident. Public institutions may incur additional penalties, such as reduced funding, while willful violations could lead to misdemeanor charges, additional fines, or up to one year of imprisonment. Affected parties may file lawsuits to seek injunctions and restoration of access to censored materials.
Support for Age Verification: Provides grants to assist public institutions in adopting compliant age verification technologies. Promotes privacy-focused, constitutional methods to manage minors’ access to content.
Oversight and Reporting: Designates a state oversight body (e.g., Attorney General’s Office) to investigate censorship complaints and enforce compliance. Requires annual public reports on complaints, enforcement actions, and progress in implementing age-appropriate solutions.
Public Awareness: Launches campaigns to educate the public about their rights against censorship and the availability of tools to manage age-appropriate access for minors.
Model Language
Section 1. Short Title: This Act may be cited as the “Freedom from Censorship Act.”
Section 2. Findings and Purpose
(a) Findings: The free flow of information is a cornerstone of democracy, protected under the First Amendment of the U.S. Constitution. Efforts to censor or restrict access to books, media, or the internet undermine the rights of individuals to freely access knowledge and ideas. Concerns about protecting minors can be addressed effectively through tools such as age verification systems, without resorting to censorship that impacts the broader public.
(b) Purpose: To prohibit censorship efforts that restrict access to information in public institutions or on the internet, protect individual rights, and encourage alternatives such as age-appropriate solutions for minors.
Section 3. Definitions
Censorship: Any action that restricts, removes, or prohibits access to information, materials, or services in a way that infringes on individual rights.
Entity: Includes government bodies, school boards, libraries, internet service providers, corporations, or any organization.
Public Institution: Public schools, libraries, or other government-funded facilities open to the public.
Age Verification Systems: Technologies or procedures designed to confirm a user’s age to provide access to appropriate content.
Section 4. Prohibition of Censorship
(a) General Prohibition:
No entity or individual shall engage in censorship by restricting access to books, media, or other materials in public libraries or schools based on their content.
No entity shall block, restrict, or control access to the internet in a manner that suppresses lawful content or services.
(b) Specific Applications:
Efforts to ban or remove books, educational materials, or media from public libraries or schools are prohibited unless such materials are explicitly prohibited by state or federal law.
Internet restrictions, such as content filtering, must not block constitutionally protected content and must allow users the ability to bypass filters for lawful purposes.
(c) Alternative Protections for Minors: Entities concerned about minors’ access to specific content are encouraged to adopt age verification systems that provide age-appropriate access without infringing on the rights of adults or the broader public.
Section 5. Penalties for Censorship
(a) Legal and Financial Penalties:
Any entity or individual found to engage in censorship shall be subject to fines of up to $50,000 per incident.
Public institutions engaging in censorship may face additional penalties, including reductions in state funding or grants.
(b) Injunctive Relief:
Affected individuals or organizations may file a civil lawsuit in state court to seek injunctive relief against censorship.
Courts may order the immediate restoration of access to censored materials and impose penalties for non-compliance.
(c) Criminal Penalties: Willful and repeated acts of censorship in violation of this Act may be prosecuted as misdemeanors, punishable by additional fines or imprisonment of up to one year.
Section 6. Encouraging Age Verification Systems
(a) Age-Appropriate Alternatives:
Public institutions and organizations are encouraged to implement age verification systems for online content or materials they deem inappropriate for minors.
These systems must:
Protect user privacy.
Not retain personally identifiable information.
Ensure access to lawful content for users who meet age requirements.
(b) Grants for Age Verification Implementation: The [designated state agency] shall provide grants to assist public institutions in adopting age verification technologies that comply with privacy laws and constitutional protections.
Section 7. Oversight and Reporting
(a) Oversight Body: The [State Attorney General’s Office or other designated body] shall monitor compliance with this Act and investigate complaints of censorship.
(b) Annual Reports: The oversight body shall publish an annual report detailing complaints, investigations, enforcement actions, and progress in implementing age verification systems.
Section 8. Public Awareness Campaigns
The state shall conduct public awareness campaigns to educate citizens about:
Their rights to access information without censorship.
Tools and technologies available to address age-appropriate access for minors
Section 9. Severability: If any provision of this Act is held invalid, the remaining provisions shall remain in full force and effect.
Section 10. Effective Date: This Act shall take effect 180 days after passage.