Protect Free Speech Online Act

This Act prohibits any federal agency or official from demanding, requesting, or encouraging an online platform to remove, restrict, or deprioritize any content, except pursuant to a court order issued after a finding that the content is unprotected by the First Amendment or that the request is narrowly tailored to a compelling governmental interest. The Act requires that any informal government request for content removal or restriction be publicly disclosed within 30 days, and that online platforms publish quarterly transparency reports detailing all government requests they receive, including the legal basis asserted. This Act creates a private right of action for any individual whose content is removed, restricted, or otherwise suppressed as a result of a government request that does not comply with this Act, allowing them to seek declaratory and injunctive relief, as well as reasonable attorney's fees. It further mandates expedited judicial review in federal district court for any challenge to a government action that has the effect of chilling protected speech on online platforms, ensuring that such challenges are heard promptly and that the burden of proof rests on the government to justify its action. Nothing in this Act shall be construed to limit the ability of online platforms to voluntarily moderate content on their own terms, nor to prohibit any lawful law enforcement action that complies with the standards set forth herein. The Act does not preempt state laws that offer equal or greater protections for online speech, thereby respecting the principles of federalism and the Tenth Amendment. Finally, this Act establishes a public reporting mechanism whereby the Attorney General must submit an annual report to Congress detailing all government requests to online platforms, including the number of court orders sought, the number granted, and any instances of informal pressure, to ensure accountability and legislative oversight.

This Act stays within constitutional bounds by relying on Congress's power to regulate interstate commerce under Article I, Section 8, Clause 3, as online platforms are indispensable instruments of interstate communication and commerce. It does not abridge any right under the Bill of Rights; rather, it reinforces the First Amendment by preventing government coercion of private actors to suppress speech, and it protects due process under the Fifth and Fourteenth Amendments by requiring judicial oversight and prompt review. The Act places the burden of justification squarely on the government, mandating that any request for content removal be supported by a court order or a compelling interest, and it ensures due process for individuals affected by government-induced suppression. It prefers decentralization by leaving content moderation decisions to private platforms and states, only restricting federal government overreach, and it explicitly disclaims preemption of more protective state laws, honoring the Tenth Amendment. The Act does not touch life, liberty, or property without process—it enhances process by requiring court orders and expedited judicial review—and it does not impose any obligation on individuals, only on government actors.