Facebook and Twitter could be sued for “censorship” under proposed state law

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Republican state lawmakers in North Dakota want Facebook and Twitter to face lawsuits from users who have been "censored."

A bill submitted by the six legislators last week is titled, "an Act to permit civil actions against social media sites for censoring speech." It says that social media websites with over 1 million users would be "liable in a civil action for damages to the person whose speech is restricted, censored, or suppressed, and to any person who reasonably otherwise would have received the writing, speech, or publication." Payouts for "censored" users would include "treble damages for compensatory, consequential, and incidental damages."

Even if passed by the North Dakota Legislature, the bill would likely have no effect due to a conflict with federal law. The proposed law "would immediately be deemed void as preempted by Section 230 [of the Communications Decency Act]," because "federal law is supreme over state law where they conflict, and this would create an express conflict," attorney Akiva Cohen wrote in a Twitter thread about the bill.

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