State Senate: Republican majority
State House: Republican majority
Governor: Tony Evers (D)
Attorney General: Josh Kaul (D)

Summary:

The partisan balance of Wisconsin’s government in 2024 reflects the state’s highly competitive political landscape. The state is divided with a Republican-controlled legislature and a Democratic governor and Attorney General. In the State Senate, Republicans hold a majority with 22 seats, while Democrats have 11. The State Assembly is also controlled by Republicans, who have 64 seats compared to the Democrats’ 35. Despite the Republican legislative dominance, Wisconsin is known for its close elections, with narrow margins often deciding key races. The state’s political dynamics are also influenced by recent legislative and judicial actions, including debates over voter ID laws, absentee ballot regulations, and constitutional amendments that could limit the governor’s powers.

Recent speech-related legislation include measures to limit social media censorship, protect free speech on public college campuses, limit the ability of minors to access social media, and limit the use of generative-AI in elections and instant messaging “chatbots” unless disclosures are used, the former of which became law.

A particularly strong bill introduced but not yet passed is AB 894, which prohibits state agency employees and elected officials from influencing or attempting to influence a social media Internet site to censor, deplatform, or shadow ban users on the social media Internet site. The prohibition also applies to a U.S. senator or representative in congress elected to his or her office in this state and to federal government agency employees present in this state. 

Key Policymakers:

• Rep. Shae Sortwell [R],Rep. Elijah Behnke [R], Rep. Joy Goeben [R], Rep. David Murphy [R], Rep. Peter Schmidt [R],  Rep. Adam Neylon [R], Rep. Clinton Anderson [D], and Rep. Michael Schraa [R] 
• Sen. Rachael Cabral-Guevara [R], Sen. Cory Tomczyk [R], Sen. Mark Spreitzer [D], and Sen. Romaine Quinn [R]

Legislative Activity:

AB 893: Prohibits social media sites with more than 150 million users from censoring, de-platforming or shadow-banning journalistic enterprises.  Republican-only bill introduced by Rep. Shae Sortwell [R],Rep. Elijah Behnke [R], Rep. Joy Goeben [R], Rep. David Murphy [R], Rep. Peter Schmidt [R], and Rep. Michael Schraa [R] in Jan. 2024 but did not progress. 

AB 895: This bill creates a civil cause of action against the owner or operator of a social media website that is available to the public and that has more than 150 million users, if the owner or operator of the website intentionally censors, de-platforms, shadow-bans, or fails to disclose certain policies. Republican-only bill introduced by Rep. Shae Sortwell [R],Rep. Elijah Behnke [R], Rep. Joy Goeben [R], Rep. David Murphy [R], Rep. Peter Schmidt [R], and Rep. Michael Schraa [R] in Jan. 2024 but did not progress. 

SB 575/ AB 553: This bill establishes certain standards related to free speech and academic freedom at University of Wisconsin System institutions and technical colleges. For violation of these standards, the Board of Regents of the UW System or technical college district board may be subject to a civil cause of action and must provide certain public notice of the violation. The bill also establishes certain due process standards in disciplinary proceedings at UW System institutions and technical colleges. For violation of these standards, a UW institution or technical college may become ineligible for Wisconsin grant funding allocation. Republican-only bill introduced by Sen. Rachael Cabral-Guevara [R], Rep. Amanda Nedweski [R], and Sen. Cory Tomczyk [R] in Oct. 2023, passed the House on a party-line vote but died in the Senate in April 2024.

SB 571/ AB 551: This bill affords certain rights and protections to student journalists who are public school pupils or students enrolled in a University of Wisconsin System institution or technical college. Bipartisan bill introduced by Sen. Rachael Cabral-Guevara [R], Sen. Mark Spreitzer [D], Rep. Tom Michalski [R], and Sen. Cory Tomczyk [R] in Oct. 2023, passed the House unanimously but died in the Senate in April 2024.

AB 894: This bill prohibits state agency employees and state elected officials from influencing or attempting to influence a social media Internet site to censor, deplatform, or shadow ban users on the social media Internet site. The prohibition also applies to a U.S. senator or representative in congress elected to his or her office in this state and to federal government agency employees present in this state. The bill defines “deplatforming” as deleting or banning a user from a social media Internet site for more than 60 days, and defines “shadow banning” as limiting or eliminating the exposure of a user, or content posted by or about a user, to other users. The penalty for each violation of the bill’s prohibitions is a forfeiture between $1,000 and $10,000. Republican-only bill introduced by Rep. Shae Sortwell [R], Rep. Elijah Behnke [R], Rep. Joy Goeben [R], Rep. Nate Gustafson [R], Rep. David Murphy [R], and Rep. Peter Schmidt [R] in Jan. 2024 but has not progressed. 

SB 385/ AB 373: This bill creates requirements related to social media companies’ and social media platforms’ treatment of account holders under age 18. Under the bill, social media companies must ensure that all accounts are designated as youth accounts that comply with the youth account requirements of the bill. A social media company may remove the youth account designation from an account if 1) the social media company estimates that the account holder is not a minor through employment of a process or program that provides a 95 percent accuracy rate of estimating age within 24 months of actual age; 2) the social media company verifies that the account holder is not a minor; or 3) a parent or guardian of a minor account holder requests for the youth account designation to be removed from the minor’s account. Under the bill, a social media company shall do all of the following in regards to a youth account: 1) prevent direct messaging between the account holder and other account holders or users with whom the youth account holder is not connected; 2) refrain from showing information about the youth account to any person not connected to the youth account holder; 3) prevent advertising from being shown to the youth account holder; 4) refrain from collecting or using personal information from the youth account; 5) refrain from the use of targeted or suggested groups or content on the youth account; and 6) ensure that the youth account cannot be used between the hours of 10 p.m. and 7 a.m. Bipartisan bill introduced by Sen. Robert Cowles [R], Sen. Rachael Cabral-Guevara [R], and Rep. David Steffen [R] in August 2023 but did not progress.