An act to add Title 23 (commencing with Section 3273.72) to Part 4 of Division 3 of the Civil Code, relating to social media platforms.
Overview: SB 771 would have exposed social media platforms to civil liability based on how their algorithms distribute user-generated content, even when that content is lawful and constitutionally protected. Though framed as a response to online harm, the bill created a broad liability regime that incentivized censorship, surveillance, and viewpoint discrimination.
Significance: SB 771 would have pressured platforms to suppress lawful political speech to avoid massive legal exposure. Arab, Muslim, Palestinian, and other communities whose advocacy is frequently mischaracterized as hate speech would have faced heightened censorship—particularly speech related to Palestine, Zionism, and international human rights.
Outcome: Following sustained advocacy from ADC and a diverse coalition of civil liberties, community, business, and technology stakeholders, SB 771 was vetoed. The veto prevents California from becoming a testing ground for policies that criminalize digital dissent and undermine constitutional protections.
Bottom Line: The veto of SB 771 is a critical victory for free expression, civil liberties, and the right to political advocacy online. California must pursue approaches to online harm that protect marginalized voices and uphold constitutional law—not liability regimes that silence dissent.