SB771 makes large social-media platforms legally liable if their algorithms or actions help facilitate violence, intimidation, or discrimination that violates California civil-rights laws. Beginning January 1, 2027, platforms earning more than $100 million annually can face civil penalties of up to $1 million per intentional violation (higher if minors are involved) for aiding, abetting, or acting as joint tortfeasors in such misconduct. The bill clarifies that algorithmic content delivery can constitute an independent act and that platforms are presumed to know how their algorithms operate. It also prohibits waiving these provisions, and makes them severable.
The California State Senate passed SB771 on September 11, 2025 by a vote of 30 to 8. We have assigned pluses to the nays because this legislation strikes at the heart of the First Amendment by granting government sweeping power to police online speech under the pretext of preventing “violence” or “discrimination.” Such vague and subjective standards invite selective enforcement against disfavored viewpoints—particularly conservative or religious expression—while insulating politically approved speech from scrutiny. By making social-media platforms liable for user content and algorithmic delivery, the state effectively deputizes private companies to censor speech on its behalf, a clear violation of constitutional protections. Free expression is not a privilege granted by government, but an unalienable right endowed by our Creator and secured by the Constitution. SB771 expands state control over the digital public square and threatens the liberty of all Americans to speak and think freely.
