Protecting Online Speech from Government Coercion Act

This Act prohibits any officer, employee, or agent of the United States from using federal funds, including grants, contracts, or cooperative agreements, to request, encourage, or pressure a social media platform, online service provider, or interactive computer service to remove, block, demonetize, or otherwise restrict access to content that is protected by the First Amendment to the Constitution. Any federal agency found to have violated this prohibition shall be subject to a civil action brought by the affected platform or user in a federal district court, seeking injunctive relief and actual damages. The Act does not affect any existing legal obligation of platforms under federal law, nor does it create any new liability for platforms. Each federal agency shall annually report to Congress any communications with platforms regarding content moderation, preserving the confidentiality of non-public information. The Act explicitly reserves the authority of states to regulate online platforms consistent with the First Amendment, in accordance with the Tenth Amendment. This Act takes effect 90 days after enactment and applies to all federal funds obligated on or after that date.

This proposal stays within constitutional bounds by exercising Congress’s spending power under Article I, Section 8, Clause 1 to condition the use of federal funds on compliance with enumerated restrictions. It does not abridge any right in the Bill of Rights; rather, it reinforces the First Amendment by prohibiting government coercion of private speech platforms. The burden of proof falls on the government—agencies must justify any communication with platforms as not violating the Act. The proposal respects federalism by reserving state authority and avoids centralizing power beyond what the Spending Clause permits. Due process is satisfied through a clear private right of action and judicial remedies for any alleged violation.