Protecting Americans' Free Speech Online Act of 2025

This bill prohibits any officer or employee of the United States, including the Federal Communications Commission, the Federal Trade Commission, or the Department of Justice, from requesting, demanding, or compelling any interactive computer service provider to remove, delete, suppress, or restrict access to any content that is protected under the First Amendment to the Constitution of the United States. Nothing in this section shall be construed to prohibit actions taken pursuant to a valid court order based on existing criminal or civil law, or to prohibit voluntary actions by providers. The burden of proof in any proceeding alleging a violation of this section shall be on the government to demonstrate by clear and convincing evidence that the action was not a violation. This Act applies to any federal agency or official, but does not preempt any State law that provides greater protection for free speech. This Act shall be enforced through civil actions brought by aggrieved parties in federal district court.

This proposal is within Congress's power under the Commerce Clause (Article I, Section 8, Clause 3) because it regulates interstate commerce by interactive computer service providers. It does not abridge the First Amendment; rather, it enforces it by preventing government-compelled censorship. It places the burden of justification on the government. It prefers decentralization by allowing states to provide greater protections. It satisfies due process by requiring clear and convincing evidence and providing for judicial review.