State Senate: Republican majority
State House: Republican majority
Governor: Roy Cooper (D)
Attorney General: Josh Stein (D)
Summary:
As one of the few states with Republican majorities in the legislature and Democratic executives, North Carolina has considered many speech-related bills over the past term, most introduced by Republicans, but none have yet become law. Bills introduced include measures to strengthen free speech at public colleges and universities, combat social media censorship, and limit the use of generative-AI in elections, the latter of which has passed the House and Senate, albeit in different versions.
Following the lead of other Democratic attorneys general, Attorney General Josh Stein has joined multi-state coalition letters to Facebook and Twitter, urging the platforms to crack down on supposed hate speech and disinformation.
Key Policymakers:
- Sen. Kevin Corbin [R], Sen. Timothy Moffitt [R], Sen. Todd Johnson [R], and Sen. Ted Alexander [R]
- Rep. Robert Davis [R]
Legislative Activity:
H 806: To clarify the free speech rights of student journalists in public schools, constituent institutions of the University of North Carolina, and community colleges. Democrat-only bill introduced by Rep. Tim Longest [D], Rep. Diamond Staton-Williams [D], Rep. Allen Buansi [D], and Rep. Lindsey Prather [D] in April 2023 but did not progress.
H 832 (2021): Social Media Impartiality Act. If a candidate is censored on a social media platform or online interactive service the company shall submit, in writing, to the State Board of Elections the reason for censorship within three calendar days of censoring the candidate. The State Board of Elections shall then hold a hearing within three calendar days from the date of the required submission from the company to determine if the company’s actions were justified according to the terms and agreements that the candidate agreed to upon formation of the candidate’s social media page. Republican-only bill introduced by Rep. Jake Johnson [R], Rep. Jeffrey McNeely [R], Rep. Keith Kidwell [R], and Rep. Dudley Greene [R] in May 2021 but did not progress.
S497 (2021): The Stop Social Media Censorship Act to prohibit certain social media sites from censoring political or religious speech. Introduced by Sen. Ted Alexander [R], Sen. Kevin Corbin [R], and Sen. Todd Johnson [R] in April 2021 but did not progress.
SB 880/ H 1072: Requires disclaimer for use of artificial intelligence in political ads, among other electoral changes. Would require any advertisement in print media, on radio, or on television constituting an expenditure, independent expenditure, electioneering communication, or contribution that was created in whole or in part with the use of generative artificial intelligence to disclose the use of that generative artificial intelligence if any of the following apply: The generated content appears to depict a real person performing an action that did not actually occur; the generated content was created to injure a candidate or deceive regarding a ballot issue; the generated content provides false or misleading information to a voter. Republican-only bill introduced by Sen. Warren Daniel [R] and Rep. Robert Davis [R] in Feb. 2023 and passed the Senate in a partisan vote on June 26, 2024. The House version passed unanimously on June 27, 2024.
S 620: Enact the social media accountability act to prohibit certain social media websites from censoring certain political or religious speech. Creates private right of action. Introduced by Sen. Ted Alexander [R], Sen. Todd Johnson [R], Sen. Kevin Corbin [R] and Sen. Timothy Moffitt [R] in April 2023 but has not progressed.
S 739: Adopts the working definition of anti-Semitism adopted by the International Holocaust Remembrance Alliance for purposes of investigating and determining whether there has been a violation of state law or policy prohibiting discriminatory acts or practices on the basis of race, ethnicity, national origin, or religious affiliation. Introduced by Sen. Bobby Hanig [R] and Sen. Timothy Moffitt [R] in April 2023 but has not progressed.
H 144: 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. This would allow a stay for a review and determination to be made as to whether the lawsuit should be dismissed at an earlier point in the proceedings. 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 Rep. Robert Davis [R] in Feb. 2023 but has not progressed.
Legal Actions:
Attorney General Josh Stein Urges U.S. Supreme Court to Clarify that States can Regulate Social Media Platforms. On December 8, 2023, Attorney General Josh Stein filed a friend-of-the-court brief urging the U.S. Supreme Court to clarify that states have the authority to regulate social media platforms. The brief was submitted in two cases currently before the Court, Moody v. NetChoice and NetChoice v. Paxton, which are challenges to laws passed in Florida and Texas.
They are urging the U.S. Supreme Court to recognize states’ important interests in these areas and to avoid interpreting the First Amendment to immunize social media platforms from regulation. In October, Attorney General Josh Stein, along with 41 other bipartisan attorneys general sued Meta, which owns Instagram and Facebook, alleging that the platforms are designed to exploit children and teenagers and mislead the public by claiming that these platforms were safe and suitable for young users.
Meanwhile, Attorney General Stein and a bipartisan coalition of attorneys general are also continuing to investigate TikTok for similarly promoting its platform to young people without regard for their health and well-being. That investigation remains ongoing.
Joining in filing this brief are the Attorneys General of Arizona, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
AG Stein Joins Multi-State Letter to Facebook. On Wednesday, August 5, 2020 Attorney General Josh Stein called on Facebook to take additional steps to prevent its platform from “being used to spread hate and disinformation and support users who become victims of online intimidation and harassment.” The attorneys general call for many reforms that were included in the audit and urge Facebook to aggressively enforce its policies against hate speech and organized hate organizations, and strengthen filtering, reporting, and blocking tools.
Attorney General Stein was joined by the Attorneys General of California, Connecticut, District of Columbia, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Virginia, Vermont, and Wisconsin.
AG Stein Joins Multi-State Letter to Facebook and Twitter on Covid “Disinformation.” On March 24, 2021, Attorney General Josh Stein called on Facebook and Twitter to take stronger measures to stop the spread of anti-vaccine coronavirus “disinformation” on their social media platforms. In letters to Facebook CEO Mark Zuckerberg and Twitter CEO Jack Dorsey, Attorney General Stein and 11 other attorneys general urge both leaders to immediately and fully enforce company guidelines against vaccine misinformation.“COVID-19 misinformation is putting people’s lives at risk,” said Attorney General Josh Stein. “The coronavirus vaccines are remarkable scientific achievements that give us a chance to end the pandemic that’s ravaged our communities for the past year. Scientists and public health experts have definitively debunked the anti-vaccine myths that are spreading like viruses on social media. I’m urging Facebook and Twitter to stop the anti-vax lies on their platforms – it’s a matter of life and death.”
Attorney General Stein is joined in sending this letter by the Attorneys General of Connecticut, Delaware, Iowa, Massachusetts, Michigan, Minnesota, New York, Oregon, Pennsylvania, Rhode Island, and Virginia.
