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September 10, 2024

Michigan

State Senate: Democratic majority
State House: Democratic majority
Governor: Gretchen Whitmer (D)
Attorney General: Dana Nessel (D)

Summary:

Democrats control the governor’s mansion and AG’s office and hold small majorities in both legislative chambers in this purple state. Governor Gretchen Whitmer gained national notoriety for her particularly harsh covid measures, and AG Nessell was aggressive in her censorship efforts surrounding vaccine and election information social media. The legislature has moved legislation relating to AI-generated sexual images and restrict the use of generative AI in elections, the latter of which became law at the end of 2023.

Key Policymakers:

  • Rep. Penelope Tsernoglou [D]

Legislative Activity:

HB 5973 (2022): Would create the Social Media Censorship Prevention Act, to define large social media platforms with over 50 million users as common carriers and prohibit them from blocking or discriminating against certain communications. Introduced by Rep. Ryan Berman [R] and Rep. Richard Steenland [D] in March 2022 but did not progress.

HB 5597 (2021): Would create the Justice Abolishing Corporate Kneecapping Act, to require social media platforms to provide a method for users to identify as candidates, to prohibit a social media platform from willfully deplatforming a candidate, and to allow a candidate to bring a civil action for a violation of the act. Republican-only bill introduced by Rep. Beau LaFave [R] in December 2021 but did not progress.

HB 5569: Creates the Protection from Intimate Deep Fakes Act, to establish civil and criminal liability for the nonconsensual creation or dissemination of deep fake sexual images of an identifiable individual under certain circumstances. Introduced by Rep. Penelope Tsernoglou [D] in March 2024, and passed the House nearly unanimously in June 2024.

HR 324 (2022): A resolution to condemn antisemitism and urge Michigan leaders to prevent, report, and address incidents of antisemitism. Introduced by Rep. Shri Thanedar [D] in June 2022 but did not progress.

SR 86 (2021): A resolution to condemn the U.S. Department of Justice memorandum on intimidation and harassment against school board members for inhibiting parents’ constitutional right to free speech and to urge the State Board of Education to refrain from participating in any actions that will further limit that right. Republican-only resolution introduced by Sen. Lana Theis [R] in October 2021, reported favorably out of committee but did not advance further.

HR 300 (2022): A resolution to urge the federal government to dismantle the Department of Homeland Security’s Disinformation Governance Board and to respect free speech. Republican-only resolution introduced by Rep. Steve Carra [R] in May 2022 but did not progress.

HB 5141 (Signed into Law): Would restrict the use of artificial intelligence and manipulated media in political campaigns and would generally require campaign advertisements and other political media to disclose the use of artificial intelligence systems. Introduced by Rep. Penelope Tsernoglou in November 2023, passed both chambers along partisan lines, and became law on December 31, 2023.HB 5788: Introduced in June 2024 by Rep. Kara Hope [D] and received unanimous approval out of committee.

Legal Actions:

AG Nessel Emphasizes Election Integrity, Combatting Disinformation at National Press Foundation’s Election Journalism Fellowship. On July 29, 2024 Michigan Attorney General Dana Nessel addressed the National Press Foundation’s Election Journalism Fellowship in Detroit. She underscored her department’s “dedication to election integrity and discussed a bill to enact the uniform public expression protection act, which would allow the filing of special motions for expedited relief concerning certain lawsuits the bill calls eligible causes of action. Nessel highlighted various strategies and measures implemented to “protect public safety and combat misinformation. Her department aims to ensure the proper processing and delivery of mail-in ballots, safeguard the physical safety of voters and election workers, prosecute election fraud, address threats to public officials, and eliminate misinformation from social media platforms.” In her speech, Nessel emphasized the essential role of a free press, noting many of these cases take years to resolve. She “urged journalists to continue their vital work in providing the public with accurate and comprehensive information, which is critical to maintaining trust and engagement in the democratic process.”

“You might have heard it said, especially during election season, that your vote is the key which unlocks your access to every other right. And it’s true. We can’t have environmental protections or smooth roads or anti-discrimination laws or any of it unless we elect like minded representatives to implement those measures for us,” Nessel told journalists at the fellowship. “But if you zoom out just a bit further, an informed voter has to get their information from somewhere. How can you figure out a person’s values, check their voting record, compare their background with that of other candidates – if no one is reporting on it? You can’t. And without the agency to do any research on the election, what is the point of voting at all?”

Attorney General Nessel Joins Coalition Seeking Answers on Facebook XCheck Protections for “Disinformation Dozen”. On October 19, 2021 Attorney General Dana Nessel joined a coalition of 14 Democrat attorneys general asking Facebook to disclose whether members of the so-called “Disinformation Dozen” were granted “XCheck” protections that allowed them to spread COVID-19 falsehoods and anti-vaccine misinformation in violation of Facebook policies.   

“We have seen the impact of the rampant disinformation over the course of this pandemic,” Nessel said. “Facebook has been inconsistent in their effort to address vaccine disinformation, effectively  undermining efforts to safely and quickly distribute vaccines and leading to further loss of life.” 

In their letter to Facebook CEO Mark Zuckerberg, the attorneys general also ask Facebook to disclose the extent to which whitelisted content has been deemed to be anti-vaccine, and how many user complaints regarding  such anti-vaccine posts have resulted in the removal of the content, among other questions.  

Joining Attorney General Nessel in sending this letter are the Attorneys General of Connecticut, California, Delaware, Illinois, Iowa, Maine, Massachusetts, Minnesota, Maryland, Pennsylvania, Rhode Island, Vermont, and Virginia.

Attorney General Nessel Calls on Facebook, Twitter to Stop Spread of  Coronavirus Disinformation. On March 25, 2021 Attorney General Dana Nessel joined a coalition of 11 other attorneys general calling on Facebook and Twitter to take stronger measures to stop the spread of “anti-vaxxer coronavirus disinformation on their social media platforms.” In letters to Facebook CEO Mark Zuckerberg and Twitter CEO Jack Dorsey, the attorneys general urge both leaders to immediately and fully enforce company guidelines against vaccine misinformation. “The availability of safe and effective vaccines means the end of this pandemic is finally in sight. However, disinformation threatens that,” Nessel said. “The rampant disinformation being disseminated across social media platforms directly undermines all efforts to safely and quickly distribute vaccines and limit further loss of life.” 

The letter cites specific examples where Facebook and Twitter have failed to enforce their existing guidelines. Joining Attorney General Nessel in sending this letter are the Attorneys General of Connecticut, Delaware, Iowa, Massachusetts, Minnesota, North Carolina, New York, Oregon, Pennsylvania, Rhode Island, and Virginia.

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