CA Becomes 1st To Adopt This Controversial Social Media Law

CALIFORNIA — California just became the first state to require social media platforms to publish their policies for handling disturbing content including hate speech.

Gov. Gavin Newsom signed AB 587 into law on Tuesday, which is designed to target disinformation, harassment and extremism. The bill was sought and is backed by the Anti-Defamation League, who say that the bill is key to combatting hate speech.

"California will not stand by as social media is weaponized to spread hate and disinformation that threaten our communities and foundational values as a country," Newsom said. "Californians deserve to know how these platforms are impacting our public discourse, and this action brings much-needed transparency and accountability to the policies that shape the social media content we consume every day."

Social media companies will also be required to report data on the enforcement of their policies.

"Social media has created incredible opportunities, but also real and proximate threats to our kids, to vulnerable communities and to American democracy as we know it," said Assemblymember Jesse Gabriel (D-Encino), the bill's author.

Gabrial said he aims to "pull back the curtain" on how social media companies address problematic content.

The bill has had support from both sides of the political divide despite some concerns raised over free speech last year, which stalled the bill.

Those who oppose the bill argue that social media companies already have to make their content moderation policies public and said that such companies should not have to submit sensitive information to the state's attorney general.

Opponents include the California Chamber of Commerce, Computer and Communications Industry Association, Consumer Technology Association, Internet Coalition, Netchoice and TechNet.

Legal experts have also cited the First Amendment as an argument against this new law.

"The bill is likely to be struck down as unconstitutional at substantial taxpayer expense. The censorial consequences should trigger the highest level of constitutional scrutiny, but the undue burdens and lack of consumer benefit ensures it won’t survive even lower levels of scrutiny," Eric Goldman, a Santa Clara University School of Law professor, wrote in a blog post.
"As my blog post mentions, there are several other bases for constitutional challenges."

The bills is the latest effort by state lawmakers to implement requirements on social platforms. Last week, the state passed the California Age-Appropriate Design Code Act, which will push companies to consider the health of minors who use their platforms.

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