What Happened?

If you post, share, or read content on social media and other online platforms, a Senate committee will consider a bill on Nov. 18 that would restrict government interference in how those platforms moderate content. The COLLUDE Act is on the agenda for a markup by the U.S. Senate Committee on Commerce, Science, and Transportation, according to a Legis1 review of the committee's agenda. ​

The same meeting covers other bills and nominations:

  • Lifeline eligibility: The No Lifeline for Dead People Act would end the use of certain state eligibility processes in place of the National Verifier for Lifeline service.
  • Chip equipment: The Chip EQUIP Act would restrict purchases of semiconductor manufacturing equipment from foreign entities of concern.
  • Cybersecurity group: A separate bill would establish a public-private working group on cybersecurity best practices for telecommunications carriers.
  • Gene material security: Another bill addresses nucleic acid synthesis security.
  • Nominations: Four nominations are listed, including Danielle Thumann Severs for a seat on the Federal Communications Commission (FCC).

Why Does it Matter to Me?

The COLLUDE Act addresses the government's role in decisions about what content stays on the online platforms you use. Lobbying filings also show Fox Corp.'s interest in related communications policy issues.

Fox Corp. reported lobbying expenditures in four quarters:

The filings list Section 230 of the Communications Decency Act, First Amendment issues, spectrum and media ownership. Spectrum and media ownership are also FCC matters.

Both Sides, Now

Supporters of the bill argue that government officials should not pressure or coerce online platforms into removing or limiting lawful speech. Three sources document the contacts they cite, but they do not establish that every government contact with a platform was coercive or unlawful.

Reuters reported Aug. 27, 2024, that Meta CEO Mark Zuckerberg said senior Biden administration officials repeatedly pressured Facebook in 2021 over COVID-19 content. He said the company made some moderation decisions it otherwise would not have made, according to Reuters. That is Zuckerberg's account, not a court finding.

In Murthy v. Missouri, plaintiffs alleged federal officials pressured platforms to suppress speech. The U.S. Supreme Court's June 26, 2024, opinion resolved the case on standing grounds, not the merits. A House Judiciary Committee staff report from May 1, 2024, described communications it characterized as White House pressure on technology companies. Sen. Ted Cruz (R-TX) chairs the committee, and Sen. Maria Cantwell (D-WA) is its ranking member.

What Happens Next?

If the committee advances the COLLUDE Act, the full Senate could consider it next. The bill would have to pass both chambers in identical form and receive the president's signature, or become law through a congressional override of a veto. The committee's Nov. 11 announcement schedules the markup for Nov. 18.

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