Free Speech Protection and Government Transparency Act of 2026

This Act prohibits any officer or employee of the United States from using any regulatory authority, funding condition, or informal request to coerce or induce an interactive computer service (as defined in section 230 of the Communications Act of 1934) to remove, restrict, or deprioritize any content that is protected by the First Amendment. Any such communication must be documented and made publicly available within 30 days, with redactions only for national security. Any person aggrieved by a violation may bring a civil action in federal court to enjoin the violation and recover damages. The burden of proof shall be on the government to demonstrate that any action was narrowly tailored to serve a compelling governmental interest and did not abridge protected speech. This Act does not apply to content that constitutes a true threat, incitement to imminent lawless action, or child sexual abuse material, as defined by existing federal law. Nothing in this Act shall be construed to limit the ability of states to enact their own protections for free speech online, provided they do not conflict with this Act.

This proposal stays within constitutional bounds because it is an exercise of Congress's power under the Commerce Clause to regulate interstate commerce (online platforms) and to enforce the First Amendment against federal actors. It does not abridge any right; it protects free speech. It places the burden of justification on the government by requiring it to prove compelling interest and narrow tailoring. It prefers decentralization by allowing states to enact their own protections. It satisfies due process by providing a cause of action and judicial review. It does not exceed enumerated powers because it only restricts federal action, which Congress has authority to do under Article I and the Necessary and Proper Clause.