H.R.3719 - Restoring American Freedom Act (119th Congress)
Summary
H.R.3719, the Restoring American Freedom Act, aims to prevent the Department of State and its associated entities from censoring the free speech of U.S. citizens. The bill amends the State Department Basic Authorities Act of 1956 to include provisions that monitor and ensure no department employee, officer, agent, or recipient of federal funds from the Department engages in conduct that would unconstitutionally abridge free speech.
It also prohibits the use of funds to support entities that publish advertising blacklists or create censorship tools without sufficient safeguards. The bill defines key terms like "advertising blacklist," "censor," and "free speech" to provide clarity and ensure consistent application.
Finally, it mandates the Secretary of State to notify relevant congressional committees and the affected citizen of any potential or actual censorship activities by Department of State personnel or related entities.
Expected Effects
The Restoring American Freedom Act, if enacted, would likely lead to increased scrutiny of the Department of State's activities related to speech regulation and content moderation. It could also reduce the Department's ability to partner with organizations that engage in content moderation efforts deemed to be censorship.
This could result in a shift in how the Department of State approaches issues of disinformation and online speech, potentially leading to a more hands-off approach. The Act may also create additional reporting requirements and oversight from Congress.
Potential Benefits
- Strengthens First Amendment protections for U.S. citizens by explicitly prohibiting censorship by the Department of State and its affiliates.
- Increases transparency and accountability by requiring the Secretary of State to report instances of potential censorship to Congress and affected citizens.
- Prevents the use of taxpayer dollars to fund activities that could suppress free speech, such as advertising blacklists or flawed censorship tools.
- Provides a clear definition of "free speech" as speech protected by the First Amendment, reducing ambiguity and potential for misinterpretation.
- May deter the Department of State and related entities from engaging in activities that could be perceived as censorship.
Most Benefited Areas:
Potential Disadvantages
- Could hinder the Department of State's ability to address disinformation and foreign propaganda effectively, potentially impacting national security.
- May create a chilling effect on legitimate efforts to combat harmful content online, such as hate speech or incitement to violence.
- The definition of "censorship" may be overly broad, potentially capturing legitimate content moderation efforts aimed at enforcing platform rules or preventing illegal activities.
- Increased reporting requirements could place an administrative burden on the Department of State, diverting resources from other important priorities.
- The Act's focus on the Department of State may overlook other potential sources of censorship or speech suppression.
Most Disadvantaged Areas:
Constitutional Alignment
The Restoring American Freedom Act aligns with the First Amendment of the U.S. Constitution, which protects freedom of speech. By explicitly prohibiting the Department of State from censoring the speech of U.S. citizens, the bill reinforces this constitutional principle.
The bill's focus on preventing government entities from abridging free speech is consistent with the First Amendment's intent to limit government interference with individual expression. The Act does not appear to infringe on any other constitutional rights or principles.
However, the interpretation and application of the Act could raise constitutional questions, particularly regarding the definition of "censorship" and the extent to which the government can regulate speech in the context of national security or foreign policy.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).