State Senate: Republican majority
State House: Republican majority
Governor: Laura Kelly (D)
Attorney General: Kris Kobach (R)
Summary:
Despite introducing a suite of bills to regulate social media, the use of generative AI, and many others, so far only SB 394, a bill requiring the use of age-verification technology to permit access to internet websites containing material that is harmful to minors, has become law. However in 2022, both chambers did unanimously pass HCR 5030, a resolution “recognizing the growing problem of antisemitism in the United States and calling for the adoption of the International Holocaust Remembrance Alliance Working Definition of Antisemitism as an important tool to address the problem.”
Attorney General Kris Kobach has been one of the most aggressive Republican AGs in the country, filing countless lawsuits and letters against the Biden Administration and its regulatory agenda on a variety of issues including Title IX, Student Loan Cancellation, and energy policies. He has also sent letters to Bank of America and Pfizer on speech and censorship related issues.
Key Policymakers:
- AG Kris Kobach
- Rep. Randy Garber [R], Rep. Pat Proctor [R]
Legislative Activity:
SB 50: Prohibiting internet social media terms of service that permit censorship of speech. No contract between an interactive computer service and a person that contains terms of service for the use of a social media website operated by the service could include provisions that authorize the service to restrict, censor, or suppress information, including political information and political expression, unless the information pertains to obscene, lewd, lascivious, filthy, excessively violent, harassing, or other objectionable subject matter. Violations could be reported to the Attorney General, who would be required to investigate and could bring action for injunction relief, including a civil penalty. Each instance of interactive computer service contracts with a person containing terms of services that violate the bill would be a separate violation. A person alleging a violation of the bill could also bring a private action against the interactive computer service. Introduced by Sen. Mark Steffen [R] in January 2023 but did not progress. Sen. Steffen also introduced a similar bill in 2022.
HB 2322 (2019): Creating a cause of action for censorship or suppression of social media speech. A user of a social media website, such user’s parent or legal guardian if the user is under 18 years of age, or the attorney general on behalf of such user, may bring a cause of action against the owner or operator of such social media website if such social media website has users who are physically located in Kansas and purposely: (1) Deletes or censors such user’s religious or political speech; or (2) uses an algorithm to suppress religious or political speech. In any action brought pursuant to this section, the plaintiff may be awarded statutory damages in the amount of $75,000 for each instance of censorship or suppression. A plaintiff may also be awarded actual damages, attorney fees, court costs and such other equitable relief as the court deems appropriate. Any action by the defendant to restore from deletion or remove the censoring of a user’s speech in a reasonable amount of time may be used by such defendant to mitigate any damages. Introduced by Rep. Randy Garber [R] in February 2019 but did not progress.
HR 6039: A resolution affirming Kansas’ commitment to robust freedom of expression with integrity and accountability and opposing the threat to free and responsible speech. Introduced by Rep. Scott Hill [R] in February 2024 but did not progress.
HB 2158: The Campus Free Speech Act. A bill requiring the governing body of each Kansas public postsecondary educational institution to adopt a policy of free expression, establish a committee on free expression and provide a cause of action for violations of the Act. The committee would be established by the governing board and consist of at least 15 members who would submit a report to the governing board, Governor, and Legislature. The report would include a description of barriers or disruptions to free expression, administrative handling and discipline, and any assessments and recommendations. Introduced by Rep. Randy Garber [R] in January 2023 but did not progress.
SB 375/ H 2559: These bills would prohibit the use of generative artificial intelligence to create false representations of candidates in campaign media or of state officials. The bill would define “synthetic media” as an image, an audio recording or a video recording of an individual’s appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate media. This would include images, audio or video recordings that would produce a depiction, that to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality. The bill would expand the definition of the crime of “corrupt political advertising” to include using synthetic media in any election campaign communication through any medium to alter the appearance, action or speech of a candidate or using synthetic media in any communication through any medium to alter the appearance, action, or speech of an elected or appointed state official or candidate. The bill would also allow an affirmative defense that the communication includes a disclosure stating, “This (image/video/audio) has been manipulated.” Introduced by the Senate Federal and State Affairs Committee and Rep. Pat Proctor [R] in January 2024 but has not advanced.
HB 2664 (2022): A bill to prohibit unfair or discriminatory practices by banks, trust companies, credit unions, and other business entities either directly or through the use of an outside contractor. Prevents discrimination of provision of financial services based on social media posts; participation or membership in any club, association or union; political affiliation; employer; social credit score; environmental, social and governance criteria; or other similar values-based or impact criteria. The civil penalties for violations established in the bill would be $50,000 for a first violation and $250,000 for a second or subsequent violation. Introduced by Rep. Michael Murphy [R] in February 2022 but did not progress.
HB 2559: Relating to the crime of corrupt political advertising and regulating the use of generative artificial intelligence. This bill would expand the definition of the crime of “corrupt political advertising” in statutes defining election crimes and in the Campaign Finance Act to prohibit the use of synthetic media in election campaign communications to alter the appearance, action, or speech of a candidate unless certain disclosures are made. The bill also would prohibit using synthetic media in any communication to alter the appearance, action, or speech of an elected or appointed state official unless certain disclosures are made, as an election crime. If the action violates the Campaign Finance Act, continuing law provides that the Kansas Governmental Ethics Commission (KGEC) may assess a civil fine for a violation in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation, and $15,000 for the third violation and for each subsequent violation. Introduced by Rep. Pat Proctor [R] in January 2024 but has not advanced.
HCR 5030 (2022): A resolution “recognizing the growing problem of antisemitism in the United States and calling for the adoption of the International Holocaust Remembrance Alliance Working Definition of Antisemitism as an important tool to address the problem.” Introduced by Rep. Dan Osman [D] in February 2022 and passed both chambers with unanimous votes shortly thereafter.
SR 1733: A resolution affirming the Kansas senate’s unwavering support for free press in the state of Kansas and directing the attorney general to make a report to the body concerning the Colorado bureau of investigation’s inquiry regarding the extent to which the civil rights of any Kansan were violated when certain search warrants were executed in Marion, Kansas, on August 11, 2023. The resolution includes statements that journalists in Kansas, including those at the Marion County Record in Marion, Kansas, have faced retaliation for exercising their constitutional rights in the course of publishing facts about important matters and those of public concern. On August 11, 2023, law enforcement agencies, led by the Marion Police Department, executed search warrants on the Marion County Record, the home of its publisher, Eric Meyer, where he lived with his 98-year-old mother, Joan Meyer, and the home of then-city commission member Ruth Herbel. On August 12, 2023, Joan Meyer, who was present when authorities executed the search warrant the previous day, died by cardiac arrest after being, according to an article published by the Marion County Record, “stressed beyond her limits and overwhelmed by hours of shock and grief” in the aftermath of the intrusion into her residence. On August 16, 2023, the Marion County Attorney withdrew the search warrants and authorized the return of seized items because, according to a news release made by Marion County Attorney Joel Ensey, “insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized”; and none of the people whose homes or businesses were searched on August 11, 2023, have been charged with any criminal offense. This is a Democrat-only resolution introduced by Sen. Dinah Sykes [D] on January 29, 2024 but did not progress.
SB 394 (Signed into Law): Requiring the use of age-verification technology to permit access to internet websites containing material that is harmful to minors. If 25 percent or more of a website’s viewed web pages in any calendar month contain material that is harmful to minors, the owner or host of the website would be required to use commercially available identity verification software to ensure that any person attempting to access the website from Kansas is 18 years of age or older. Existing statute defines material harmful to minors as content containing any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse.The bill would require the Attorney General to investigate public reports of noncompliance and allow the Attorney General to seek injunctive relief and the imposition of civil penalties against offenders. The bill would allow for civil penalties of $500 to $10,000 for each impermissible visit to offending websites. Additionally, the parent or legal guardian of any minor who is illegally allowed to access a website would be permitted to take private action against the website’s owner and seek damages of $50,000 or more. Introduced by the Senate Judiciary Committee in January 2024. Passed the Senate unanimously in February and in the House in March by a large bipartisan majority, and became law without Governor’s signature in May.
