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AB-1114 Social media platform: limited public forum.(2021-2022)

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Date Published: 02/18/2021 09:00 PM


Assembly Bill
No. 1114

Introduced by Assembly Member Gallagher
(Coauthor: Assembly Member Kiley)

February 18, 2021

An act to add Title 15 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the internet.


AB 1114, as introduced, Gallagher. Social media platform: limited public forum.
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, based on the nature of the forum in which the speech occurs.
This bill would declare that, notwithstanding any law, a social media platform, as defined, shall be considered a limited public forum for those purposes, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


 Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 15.5. Social Media Platforms

 (a) Notwithstanding any other law, a social media platform located in California shall be considered a limited public forum, as set forth in PruneYard Shopping Center v. Robbins (1980) 447 U.S. 74.
(b) As used in this section:
(1) “Located in California” means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California.
(2) “Social media platform” means an electronic service held open to the general public to post electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media platform does not include a platform operated by a local, state, or federal entity or agency of government.