California lawmakers have advanced Senate Bill 771, a measure that would impose steep fines on social media platforms accused of failing to curtail “online harassment targeting marginalized groups.” The bill passed both chambers and now sits on Governor Gavin Newsom’s desk as fierce opposition mounts from both left and right.
If signed, SB 771 would subject platforms operating in California to fines up to $1 million per intentional violation and $500,000 for “reckless” violations. The bill would allow lawsuits against platforms whose algorithms or recommendation engines are alleged to amplify “unlawful content” aimed at protected classes.
Supporters argue the law is necessary to protect vulnerable communities from targeted harassment and violence. It cites rising trends in hate crimes, online disinformation targeting LGBTQ+ individuals, and increased incidents against religious groups as justification. But critics warn the broad and vague language of SB 771 will chill lawful speech, push platforms toward over‑censorship, and undermine Section 230 protections.
The Computer & Communications Industry Association (CCIA) has voiced strong constitutional concerns, arguing that the law violates First Amendment protections and conflicts with federal communications law. The bill’s critics include unexpected allies on the political left—numerous progressive organizations and civil liberties groups oppose SB 771, warning it gives the state sweeping power to regulate online discourse.
Newsom’s decision will signal California’s direction on speech policy. A veto could restore some balance and energize moderates; a signature would certify a state-controlled model for online speech enforcement. Either path could provoke costly litigation at the national level
