State Senate: Democratic majority
State House: Democratic majority
Governor: Phil Murphy (D)
Attorney General: Matthew Platkin (D)
Summary:
The legislature of the deep-blue Garden State has produced a high volume of speech-related legislation over the past year but none have yet become law. Republicans have introduced language to push back on social media content regulation by empowering citizens, political candidates, and the attorney general to bring lawsuits when accounts and/or content is removed, expanding freedom of expression on college campuses, and preventing financial institutions from denying services based on speech.
With a healthy majority, Democrats have introduced bills to expand academic freedom, require the adoption of anti-discrimination and anti-harassment policy and training by political candidates and committees, require age-verification for social media users, and create criminal penalties for dissemination of certain intentionally deceptive audio or visual media within 90 days of election. None of these bills have passed both chambers.
Key Policymakers:
Legislative Activity:
AB 3844/ SB 1336: This bill establishes a cause of action against social media websites for the censoring or banning of certain users. This bill authorizes the Office of the New Jersey Attorney General to bring an action under the New Jersey consumer fraud act against a social media website if the social media website fails to comply with the requirements set forth in the bill. Among other requirements enumerated in the bill, a social media website is to publish the standards it uses or has used for determining how to censor, “selectively suspend,” and implement an “anonymous content or user ban,” as these terms are defined in the bill, users and apply censorship, selective suspensions, and anonymous content or user banning standards in a consistent manner among its users on the platform. Additionally, social media websites are not to be permitted to apply or use post prioritization or anonymous content or user banning algorithms for content and material posted by or about a user who is known by the social media website to be a candidate for office or a journalistic enterprise, as those terms are defined in the bill. Finally, the bill establishes causes of actions along with setting damages for violations of the bill, in accordance with federal, State, and local laws. Introduced by Rep. Paul Kanitra [R] and Sen. Michael Testa [R] in February 2024 but has not progressed.
AB 408: The “Stop Social Media Censorship Act.” This bill creates a private right of action for users of a social media website, as those terms are defined in the bill, whose political or religious speech has been deleted or censored by the social media website or whose political or religious speech has been disfavored or censured by an algorithm used by the social media website. A user may be awarded statutory and punitive damages. The bill provides that the prevailing party in a cause of action may be awarded costs and reasonable attorney fees. The bill provides that a court or jury is required to consider evidence that the owner or operator of a social media website restored from deletion or removed the censoring of a user’s speech in a reasonable time when determining damages sought by a user. A court may not consider evidence of a user’s alleged hate speech on the social media website as a basis for justification or defense of the social media website’s actions. The bill provides that the Attorney General may bring a civil cause of action on behalf of a user whose political or religious speech has been censored by a social media website under certain circumstances provided in the bill. Introduced by Rep. Robert Auth [R] in Jan. 2024 but has not progressed.
AR 54: This resolution urges institutions of higher education in the State to protect freedom of expression and open debate on campus in order to provide students with a high-quality education and prepare them for life in a democratic society. Introduced by Rep. Gerard Scharfenberger [R] but has not progressed.
AB 5620: This bill requires public institutions of higher education to appoint an academic freedom advocate and adopt free speech principles, and appropriates $1 million to the Office of the Secretary of Higher Education. This bill requires the governing board of each public institution of higher education to adopt principles that outline their institution’s stance on open inquiry and free speech, both inside the classroom and across campus. Introduced by Rep. Reginald Atkins [D], Rep. Mila Jasey [D], and Rep. Shanique Speight [D] in June 2023 but did not progress.
S 1376: This bill prohibits financial institutions from penalizing individuals for expression of constitutionally protected speech. This bill protects constituents of New Jersey from these policies by prohibiting them and by providing the Commissioner of Banking and Insurance with a means of enforcement. A financial institution determined by the Commissioner of Banking and Insurance to have violated the provisions of this bill will be subject to a civil penalty of up to $10,000 for each violation or up to $50,000 for each willful violation. Introduced by Sen. Michael Testa [R] in January 2024 but has not progressed.
SCR 52: This resolution urges Congress and the President of the United States to enact legislation prohibiting private financial institutions from penalizing individuals for expression of constitutionally protected speech. A recent policy update notice from PayPal, Inc. indicated that its services could not be used, starting November 3, 2022, to promote misinformation, an infraction to be defined solely by PayPal, Inc. and to result in a fine of $2,500. Under the policy, PayPal, Inc. would have also been able to penalize users who would have violated other restrictions on expression, including on content that, in the sole discretion of PayPal, Inc., is unfit for publication. Public outrage led to the company retracting this change, but consumers remain vulnerable to the decisions of private financial institutions to implement similar policies going forward. Wide dependence upon financial institutions in daily life renders their ability to implement broad policies penalizing certain expressions inequitable. This resolution urges Congress and the President to enact legislation to protect consumers from such restrictions under federal law, which has the potential to more broadly protect consumers than state law alone. Introduced by Sen. Michael Testa [R] and Sen. Douglas Steinhardt [R] in Jan. 2024 but has not progressed.
S 3340/ A 4319: “Stop Antisemitism on College Campuses Act”; prohibits distribution of State aid to an institution of higher education that authorizes, funds, or supports antisemitic events or organizations or fails to punish acts of antisemitism on campus. Bipartisan bill introduced by Sen. Robert Singer [R], Sen. John McKeon [D], Rep. Rosy Bagolie [D], Rep. Victoria Flynn [R], and Rep. Garnet Hall [D] in June 2024.
A 2062: This bill requires the adoption of and training on an anti-discrimination and anti-harassment policy by candidate committees, joint candidates committees, political party committees, and continuing political committee. The bill creates the Office on Discrimination and Harassment Prevention (ODHP) within the New Jersey Election Law Enforcement Commission and appropriates $2,000,000 to the commission to carry out the purposes of the bill. Introduced by Rep. Eliana Marin [D] in Jan. 2024 but has not progressed.
S 4215/ A 5750: Requires age verification and parent or guardian consent for minor’s use of social media platform; prohibits certain messaging between adults and minors on social media platform.Introduced by Sen. Joseph Vitale [D] and Rep. Herbert Conaway [D] in Dec. 2023 but did not progress.
A 4479: This bill requires social media companies to cooperate with nonprofit organization initiatives to remove nonconsensual intimate images or videos, including any intimate image or video of deceptive audio or visual media, from the social media company’s social media platform. Under the bill, intimate images or videos are defined to include images or videos that depict intimate parts, sexual penetration, or sexual contact in any manner in which such objects or acts are not completely and opaquely covered. An intimate image or video would be considered nonconsensual if the individual depicted in the image or video did not give express consent for the image or video to be taken, recorded, or disclosed. Additionally, if an intimate image or video depicts a minor, the intimate image or video would be considered nonconsensual whenever the image or video is disclosed. In cases where the image is a work of deceptive audio or visual media, it is considered nonconsensual when an individual who is depicted in the media did not give express consent for the image or video to be created or disclosed. Introduced by Rep. Christopher Tully [D] on June 6, 2024.
AR 141: This resolution urges generative artificial intelligence and content sharing platforms to make voluntary commitments to prevent and remove harmful content from their websites. Introduced by Rep. Christopher Tully [D], Rep. Cody Miller [D], and Rep. Benjie Wimberly [D] and passed the Assembly nearly unanimously on June 28, 2024.
A 180: Prohibits social media websites from selectively suspending candidates for elective office and creates private right of action for users whose political or religious speech has been deleted. Introduced by Rep. Dawn Fantasia [R] and Rep. Michael Inganamort [R] in Jan. 2024 but has not progressed.
A 5765/ S 4256: This bill prohibits an institution of higher education from authorizing, facilitating, providing funding for, or otherwise supporting any event or organization promoting antisemitism or hate speech on campus. The bill defines “antisemitism” as the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance on May 26, 2016. Introduced by Rep. Alex Sauickie [R] and Sen. James Beach [D] in December 2023 but has not progressed.
A 2818/ S 2543: Prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media within 90 days of election. Introduced by Sen. Paul Moriarty [D], Rep. Louis Greenwald [D], Rep. Lisa Swain [D], Rep. Robert Karabinchak [D], and Rep. Christopher Tully [D] in Jan. 2024 and passed the Assembly over small Republican opposition in June.
SB 2802/ A393 (Signed into Law): “Uniform Public Expression Protection Act”; provides for expedited process for dismissal of “Strategic Lawsuit Against Public Participation” (SLAPP). The bill is based on a model uniform law drafted by the National Conference of Commissioners on Uniform State Laws, also known as the Uniform Law Commission (ULC). Introduced by Sen. Joseph Lagana [D], Sen. Jon Bramnick [R], Rep. Carol Murphy [D], and Rep. Kevin Rooney [R]. Passed both chambers unanimously and signed into law on Sept. 7, 2023.
Legal Actions:
First Choice Women’s Resource Centers v. Platkin. First Choice Women’s Resource Centers,a Christian medical nonprofit serving pregnant women, new mothers, and fathers claims that New Jersey AG Matthew Platkin specifically singled them out due to their religious beliefs and pro-life stance. New Jersey issued a sweeping subpoena, demanding extensive documentation from the nonprofit. The organization asserts that the attorney general had not provided any concrete evidence of wrongdoing to warrant such intrusive measures.
New Jersey Launches Investigation of Social Media Platforms Discord and Twitch in Wake of Buffalo Shooting. On May 23, 2022, Acting Attorney General Matthew J. Platkin launched an investigation of social media platforms Discord and Twitch following the deadly mass shooting in Buffalo. The investigation aims to determine if the platforms are violating state consumer protection laws by failing to moderate harmful content and enforce policies prohibiting violent extremism and hateful conduct.
The suspect in the May 14 attack reportedly used social media platforms to plan and publicize the mass shooting, which authorities are calling a racially motivated hate crime. The investigation will seek to examine whether lax content moderation and policy enforcement on the part of Discord and Twitch allow the platforms to serve as hubs for extremist and violent networking and community building, and as entry points for children to come into contact with extremist ideologies. Among other things, the investigation is centered on the platforms’ content moderation practices and enforcement against individuals who violate them. The investigation also focuses on how those moderation policies are applied to minors and children under 13 who use the sites.
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