State Senate: Republican majority
State House: Republican majority
Governor: Andy Beshear (D)
Attorney General: Russell Coleman (R)
Summary:
With supermajorities in both chambers, Kentucky Republicans have dominated the state legislature. Interestingly, however, the governor’s mansion and attorney general’s office are a different story, as both have recently or are currently occupied by Democrats.
The legislature has considered many bills similar to other states in this term, including proposals to strengthen free speech protections on college campuses, limit social media censorship, prohibit the use of social credit scores, and require age verification for websites with sexual material. However the only relevant bill to advance recently was an effort to limit the use of generative-AI in elections, which passed the Senate in February.
Previous Attorney General Daniel Cameron and current Attorney General Russell Coleman have joined multi-state coalitions of Republican AGs on amicus briefs and have sent letters to Eventbrite and Chase Bank opposing censorship actions.
Key Policymakers:
- Sen. Robert Mills [R], Sen. Phillip Wheeler [R], Sen. Gerald Neal [D]
- Rep. Savannah Maddox [R]
Legislative Activity:
SB 258: The New Voices Act. Provides additional free speech protections for student journalists and student media advisors; requires each district to adopt a written policy for time, place, and manner restrictions and for an appeals procedure; provide that student speech not be considered school speech; provides that a student journalist or student media advisor may seek injunctive relief. Introduced by Sen. Gerald Neal [D] in February 2024 but has not advanced.
HB 224: Protecting free speech for public college students and faculty. A bill to require an institution to adopt a policy to not restrict off-campus speech; extend free speech protections to the public; provide that student religious and political organizations shall be afforded equal access to facilities; provide that authority vested with a student organization to distribute student organization funding shall be contingent on viewpoint-neutral distribution of those funds; reduce institution’s authority to establish permit requirements; specify how an institution defines student-on-student harassment; waive immunity for claims brought under the Act; permit disciplinary action against a faculty member or administrator that knowingly and intentionally restricts the protected speech of another; suspend the distribution authority of a student organization that does not distribute student organization funding in accordance with the Act; prohibit retaliation against campus community members; require Council on Postsecondary Education to develop free speech instructional materials and model trainings for institutions; require institutions to present free speech instructional materials and trainings to designated individuals; require institutions to publish semiannual student organization funding reports; designate the required contents of the semiannual student organization funding report; and create a new section of KRS Chapter 164 to limit the jurisdiction of an institution over associations, groups, or organizations not affiliated with the institutions. Republican-only bill introduced by Rep. Savannah Maddox [R] in January 2024 but has not progressed.
HB 539/ SB 111 (2021): Limiting social media censorship. Establishing that the owner or operator of a social media Web site is subject to a private cause of action by a social media Web site user in Kentucky under specified conditions; establish entitlement to damages, including the award of reasonable attorney fees and costs; specify that hate speech shall not constitute a defense to violation of this Act; authorize the Attorney General to bring an action on behalf of a social media Web site user; establish a violation under deceptive trade practices; provide exceptions for deletion or censoring of certain types of speech. Introduced by Rep. Norma Kirk-McCormick [R] Sen. Phillip Wheeler [R] and Sen. Robert Mills [R] in January 2021 but did not progress.
SB 82/ HB 325 (2022): Limits the power of social media platforms to remove candidates during elections; creates fine for wrongful deplatforming; require that social media platforms share their requirements for deplatforming and provide an opt-out option for shadow banning and algorithm use; require antitrust measures to be taken if shadow banning practices are not in line with requirements. Introduced by Sen. Phillip Wheeler [R], Sen. Robert Mills [R] and Rep. Melinda Prunty [R] in January 2022 but did not progress.
HB 450: Limiting social media access by minors. Prohibits social media companies from allowing minors to create accounts without parental consent; provide means for establishing age and providing parental consent; prohibit retention of personal information obtained through consent process; require social media companies to provide parents with means for account supervision; authorize the Attorney General to enforce through administrative and judicial action; establish a private civil cause of action for creation of minor social media account without consent or retention of personal information obtained through consent process. Republican-only bill introduced by Rep. Nicolas Wilson [R] in February 2024 but has not progressed.
HR 63 (2022): Resolution to express support for the State of Israel and opposition to the international Boycott, Divestment, and Sanctions movement. Republican-only resolution introduced by Rep. Kimberly Moser [R] in February 2022 but did not progress.
HB 779 (2022): A bill to prohibit the use of social credit scores, prohibit the violation of an individual’s constitutional rights based on predictive behavior analysis, and prohibit the use of social credit scores in lending and investing. Introduced by Rep. Savannah Maddox [R] in March 2022 but did not progress.
SB 131 (Signed into Law): Limiting use of generative AI in election communications. Defines electioneering communication, information content provider, interactive computer service, sponsor, and synthetic media, establishes a cause of action for the use of synthetic media in an electioneering communication, establishes an affirmative defense that the electioneering communication includes a conspicuous disclosure, provides that the sponsor of the electioneering communication may be held liable, but the medium is not liable, except in certain circumstances. Bipartisan bill introduced by Sen. Amanda Mays Bledsoe [R] and Sen. Gerald Neal [D] in January 2024 and passed the Senate with a unanimous vote in February.
HB 241/ SB 276: Limiting access to content harmful to minors. Declares legislative findings relating to pornography; defines terms; establishes a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification; requires removal of personal data following review for access. Republican-only bill introduced by Rep. Shane Baker [R] and Sen. Lindsey Tichenor [R] in January 2024 but did not progress.
