Mr. Speaker, I yield myself such time as I may consume. This bill purports to protect free speech from government censorship. I agree, it is a great idea. It is such a good idea, in fact, that the Founding Fathers put it in the…
Mr. Speaker, I yield myself such time as I may consume.
This bill purports to protect free speech from government censorship. I agree, it is a great idea. It is such a good idea, in fact, that the Founding Fathers put it in the Constitution. It is called the First Amendment. We don't need a new bill to protect free speech because that is currently the law of the land, so we must ask ourselves: What is the point of this bill?
As our esteemed ranking member observed last night, Vladimir Putin and Xi Jinping probably don't make a habit of watching congressional proceedings, but we are willing to bet that this floor debate is of keen interest to Russian and Chinese agents bent on destabilizing our democracy and influencing our elections to serve their interests.
H.R. 140 would effectively allow these and other foreign malign actors--who have poured hundreds of millions of dollars into online propaganda to create chaos, mistrust, hate, and confusion for Americans--to continue using social media platforms unfettered to wreak havoc on our democratic institutions, including the integrity of our elections.
It would do so by undermining the only defense that we have against these operations, which is the ability of our national security, intelligence, and law enforcement agencies to warn social media platforms and the public about the deployment of counterfeit accounts, disinformation, and cyber surveillance by malign actors.
Now, I have no doubt that my Republican colleagues will claim that, of course, all of our national security apparatus is able to warn social media companies of foreign interference. But the way that this bill is written--even if that is the case, which it is not--they would have to wait 72 hours in order to do that. Seventy-two hours on the internet is a lifetime. Everything that they would want to accomplish would be accomplished within 72 hours.
Now, there are exceptions to that. So, clearly, my Republican colleagues recognize that there need to be exceptions, but those exceptions cover a very, very narrow window, a narrow scope of child pornography, human or drug trafficking, or the dissemination of classified information. Anything else that might not be lawful speech still has to wait 72 hours, far too long.
Now, Democrats acted in good faith to identify and correct these dangerous loopholes in our committee, but all of our amendments were voted down. Our Democratic and Republican colleagues attempted again to address the most dangerous flaws of this bill by submitting 64 amendments for floor consideration, but Republicans only allowed 10 to be considered here today. Of those, only one--one--was offered by a Democrat. So much for all the open floor rules that our Republicans have talked about.
Now, in fairness, Republicans accepted multiple minor amendments that were submitted late, and yet still rejected many of the timely amendments. Some of those Democratic amendments would have cured the obvious weaknesses and loopholes of this unnecessary bill.
There was one amendment that would allow our intelligence community, national security apparatus, and law enforcement to inform social media companies of national security threats.
Another amendment would allow them to inform the social media companies in order to combat domestic and international terrorism.
Another amendment would have addressed fraud targeting seniors.
Another amendment would have ensured the safety of children online. Another amendment prevented attacks on the U.S. Capitol.
One amendment even would have prevented the incitement of violence by Neo-Nazis and other hate groups.
They were all voted down. They even blocked a bipartisan amendment offered by Congresswoman Houlahan and Congresswoman Mace to ensure that law enforcement can still act immediately to prevent sexual assault.
By rejecting these commonsense amendments, Republicans have made it clear that this bill is not about protecting the rights and safety of all Americans. In fact, even though there is no evidence--and I will get to that in a minute--that warrants this bill, there is plenty of evidence that Russia interfered in our elections in 2016.
Now, what this bill does is it welcomes the same kind of election interference that we know Russia did in 2016 and that they continue to do today. Just like Donald Trump sided with Vladimir Putin over our intelligence communities in Helsinki in 2018, this bill and the Republicans who are sponsoring this bill are siding with Russia and Vladimir Putin over our national security apparatus and our law enforcement.
My Republican colleagues claim that they have put this bill forward because the FBI somehow colluded with Twitter to suppress the New York Post article on the Hunter Biden laptop story for all of 24 hours 3 weeks before the Presidential election, a private business decision based on the best information available at the time, and which had absolutely no discernible impact on the availability of the article nor the outcome of the election.
The chairman of this committee just referenced a hearing that we had where there were hours of testimony about censorship. Well, the only testimony I witnessed about censorship was former President Trump trying to take down tweets that he did not like on Twitter. There was no evidence--none at all--that the FBI or any other law enforcement agencies directed Twitter to take down any unlawful speech, and that includes the Hunter Biden laptop story.
Now, we can spend some time, although we don't need to, on why that story was both highly suspicious and also glaringly false, but the broader point is that this is a bill that seeks a solution where there is no problem. There is no protected speech that has been prohibited by the Federal Government, and there is no actual evidence of any censorship under the First Amendment.
We are basically trying to change the law to redefine censorship, and in doing so we would be opening up the floodgates to allow for all sorts of unprotected speech to be distributed throughout our social media world online because the government officials who are charged with making sure that our laws are not violated, that crimes are not committed will be handcuffed and unable to do their jobs for fear that they will be fined thousands of dollars if they are wrong.
I urge all my colleagues to stand with free speech and American democracy and oppose this dangerous bill.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I would like to respond briefly because there is all this talk about collusion between the Biden administration and the FBI and Twitter, and you can say it as many times as you want to say it, and it still doesn't make it so because there is no evidence of that.
In this country we rely on facts and evidence. We don't just rely on conclusory allegations including fake polls that don't support what you're trying to say.
Mr. Chairman, I yield 4 minutes to the gentleman from Ohio (Mr. Landsman).
Mr. Chairman, I will point out one additional factor here that I think is very important for everyone to consider. When asked what evidence there is that the FBI colluded or directed Twitter to take down any speech, the chairman offered two emails from one specific FBI agent, which suggested that a couple of Twitter handles or tweets had given misleading information very specifically about the time, place, or manner of voting in the upcoming elections.
If my Republican colleagues believe that people should be able to lie on Twitter and provide disinformation about when, where, and how to vote, then they should absolutely support this bill. If that is all that you have, and that is all that you have cited, this bill is a complete waste of time and is totally unnecessary.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Lois Frankel).
Mr. Chairman, I have no idea what hearing the gentleman from North Carolina is referring to, because at the hearing with Twitter executives that I attended where the head of trust and safety was specifically asked if the FBI had given any information, instructions, or directions about the Hunter Biden New York Post story, he specifically said no, they did not receive any information.
If that is what you all think that you are basing this bill on, the actual facts in evidence are precisely the opposite of that.
It is preposterous that you continue to say that over and over and over as if it is true when the evidence is directly contradictory to that.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).
Mr. Chair, I yield an additional 30 seconds to the gentlewoman from Texas.
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I remind you and everyone that the First Amendment does not protect all speech. It protects lawful speech.
For example, if you make a death threat over the internet, that is not protected speech. That is a Federal crime.
Let's remember, as we take on this absolutist view that all speech is free speech, that there are many restrictions under our laws about what is lawful speech and what is not.
Mr. Chair, I yield such time as he may consume to the gentleman from Maryland (Mr. Raskin), our constitutional legal scholar and esteemed and distinguished ranking member.
Mr. Chair, I must commend my colleagues. Everyone is really consistent on the talking points that must have been circulated. Of course, they are not based on evidence, but everybody does seem to believe that somehow the FBI was censoring people on Twitter. Of course, those of us on the Oversight Committee who have sat through the hearings have not seen any of that.
I am also a little bewildered now because what is basically coming out is that my friends on the other side of the aisle apparently don't support law enforcement doing their jobs, don't support the Intelligence Committee doing their jobs to protect our national security, to protect our elections, to protect our democracy. Instead, they want to provide an opportunity for alternative facts to get around the internet as fast and as quickly and as unfettered as possible, but I am here to tell you that we Democrats fully support the First Amendment.
Every single one of us observes, adheres, cherishes the First Amendment. That is, in fact, part of the reason why we in the minority on the Oversight Committee have asked the chairman to do some oversight of Michael Cohen, the former President's former personal lawyer, who was jailed in solitary confinement for 16 days by the Trump administration because they did not want him to publish a book.
That is a prohibition on our free speech. That is censorship. That is a violation of free speech. If we want to talk about free speech, that is what we should be talking about, not some phantom issue that doesn't exist about the FBI trying to make sure that our elections remain free and fair and without foreign interference.
Mr. Chair, may I inquire as to the time remaining.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I have now been here for about an hour. I have yet to hear any evidence at all that the FBI has, in any way, censored any one on social media, on Twitter, or otherwise.
What I have heard is a private company has temporarily restricted a false article from appearing on its website based on serious suspicions of its derivation and, in fact, the same basis for that false article, a hard drive, was proven subsequently to have been altered.
The basis of what we are talking about underlying their concern was false, but nevertheless it was still able to be sent around the internet with ample time, and the social media site even apologized for doing it.
This is a bill that, once again, is a solution searching for a problem. Our First Amendment covers everything that is in here, but the effect of this is it would allow foreign countries to jeopardize our national security, to jeopardize our elections, and to, once again, interfere in our democratic process.
That is the only thing that this bill accomplishes and it should be voted down.
Mr. Chair, I yield back the balance of my time.
Mr. Chair, I rise in opposition to the amendment that is offered at the desk.
Mr. Chair, we hear that the gentleman is concerned about the censorship of conservative viewpoints on social media. But we don't hear the same concern when Elon Musk takes over Twitter and immediately takes down the accounts of six journalists that he does not like. There was no other explanation for it, but it certainly sounds exactly like what my Republican colleagues are talking about, horrific censorship on Twitter. But somehow, that is okay.
So the only, then, explanation we get is, oh, well, it wasn't the Federal Government who told Mr. Musk to do that. Yet, it was the Federal Government who told Twitter to--I don't know--stall the Hunter Biden story or whatever we did, whatever they were alleged to do.
Well, the facts don't bear that out. There was actually no effort by the FBI to censor any journalist, any New York Post story, or anything else. But we continue to hear that over and over and over. Unfortunately, the facts don't actually match up with it.
Now, Twitter can do whatever it wants; it is a private company. So we need to have some sort of nexus to the Federal Government. Unfortunately, the facts and the evidence that has so far been developed by the Republican majority on the Oversight and Accountability Committee do not support any of these allegations.
What this amendment will do is continue their effort to undermine our Federal law enforcement, because what this amendment will do is create more bureaucracy, more reports, more time wasted on doing things other than keeping Americans safe and protecting our national security and our democracy.
This is nothing but an effort to have our good men and women in Federal law enforcement be distracted from doing the jobs that they are supposed to do, which is to protect our elections and our democracy from foreign interference, rather than write lengthy reports.
For that reason, I oppose this amendment, and I reserve the balance of my time.
Mr. Chair, it is funny to hear about how the Democrats are colluding in order to censor free speech on social media when the administration in control of the Federal Government at the time of the alleged horrific censorship that my Republican colleagues are citing was a Republican administration.
It was the administration of President Donald Trump in October of 2020 when the Hunter Biden laptop story was paused for 24 to 48 hours. Yet, somehow, I gather that the FBI is supposed to be a Democratic- leaning organization and agency doing the Democrats' bidding. Well, you could have fooled me back in 2016 when the Director of the FBI announced 10 days before the election that he was reopening an investigation into the Democratic candidate for President while an investigation was also ongoing into the Republican candidate for President and yet that remained quiet. Explain to me how that is the FBI doing the bidding of the Democrats.
This whole thing, this amendment and this bill, have no place in this Congress. The amendment would just simply add more burdensome bureaucracy to what is already a fruitless effort of a bill. Therefore, we oppose this amendment, and I yield back the balance of my time.
Mr. Chair, I rise in opposition to the amendment.
Mr. Chair, I yield myself such time as I may consume.
This is a technical amendment. It doesn't make much of a difference to what is already a bad bill.
But it is interesting to me that this amendment was allowed to come to the floor, and so many amendments from the Democrats, which actually made meaningful substantive changes to this bill, were not allowed to come to the floor.
Now, we have heard a lot over the past 2 months of this Congress about how the Republican majority is going to do things differently, that they are going to have open rules so that everybody can offer amendments on the floor. But what is clear is that the open rules, I suppose, only apply to the Republican Party. They don't apply to the Democratic Party.
What is upsetting about that, at least for me personally, is I had an amendment that I had also offered in the Rules Committee last night to include an exception not just for child trafficking, child exploitation, human trafficking, and drug trafficking, but also for foreign interference in our elections so that our law enforcement could actually do the work that is needed to protect our democracy, to protect our elections.
This is not some fanciful idea that this bill is actually addressing, a nonexistent problem where the FBI is not actually even censoring people. No, that amendment had to do with two charged indictments of Russians in 2016 for interfering in our election. There is actual evidence to support that amendment. Yet, my Republican colleagues did not even allow it to come to the floor.
Mr. Chair, I yield such time as he may consume to the gentleman from Maryland (Mr. Raskin).
Mr. Chair, I yield myself the balance of my time for closing.
Mr. Chair, I think this amendment and the chairman's comments are very telling. Of course nobody objects to protecting the free, lawful speech of any American from the Federal Government. That is the First Amendment. But what this bill does is it creates a tremendous barrier to our law enforcement intelligence community and national security apparatus from protecting Americans from all sorts of illicit, malign activity that occurs on social media.
So by preventing us from bringing our substantive, thoughtful amendments to the floor for a vote, what this bill is ultimately doing, the net effect of it, even if it is not the intent of it, is that it is allowing foreign actors to interfere in everything that happens in our democracy, including our elections.
Now, why does this matter? Why would it matter? Well, because we all know the special counsel definitively proved that Russia interfered in the 2016 election to help Donald Trump win. And the Trump campaign welcomed that interference and used it for their benefit. If you disagree, go look at Special Counsel Mueller's report. That is what is called conclusions based on evidence, not what this bill is.
Mr. Chair, for that reason, we oppose this amendment as well as the underlying bill itself.
Mr. Chair, I yield back the balance of my time.
Mr. Chair, I rise in opposition to the amendment at the desk.
Mr. Chair, my esteemed colleague from North Carolina says that lawful speech on the internet should never be prohibited by Federal agencies, by the government. We agree. It is called the First Amendment. It has existed long before H.R. 140 was written.
What H.R. 140 does and what this amendment does even further is it makes it impossible for unlawful speech to actually be policed. What the private companies do not have is access to the intelligence agency information, national security information, law enforcement information that can determine whether or not the speech that is on the internet is being used in furtherance of crimes or is in and of itself a crime.
They recognize this because there is an exception. There is an exception to this prohibition on law enforcement agencies or Federal Government agencies from actually communicating with social media.
There is an exception for child pornography, human trafficking, and drug trafficking. I gather this amendment also deals with obscenity, but I think it is trying to close this loophole.
Clearly, there is a recognition that law enforcement needs to coordinate to some degree with our social media sites. What this law does is that, but for those very narrow categories, law enforcement has to wait 72 hours.
Everything is around the internet and over again many times within 72 hours. It is an exception that eats the rule. There is no way that law enforcement can do its job because of this bill.
One would say if you were correct and if there were actual prohibition and censorship of lawful speech that was going on, and if you could show us evidence of that, then maybe one could imagine that a congressional bill was warranted and necessary. Of course, we have none of that. All we have are allegations without any facts or evidence.
We have people who have clearly not read the Twitter files talking about the Twitter files. What we don't even hear about is all the evidence that Twitter algorithms actually promoted conservative voices more than they promoted Democratic voices.
If this amendment, as I understand it, restricts law enforcement's ability to coordinate with social media sites to protect the public, prosecute crimes, investigate crimes, protect our national security, and protect our infrastructure, then I oppose this amendment because it makes a bad bill even worse.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I yield back the balance of my time.
Mr. Chair, I rise in opposition to the amendment at the desk.
Mr. Chair, it is unclear to me at all why this amendment is here because Federal officials are not allowed to censor lawful speech in their official capacity, which is also what the bill says. This is a completely redundant, unnecessary amendment, I suppose designed to rail against public service unions.
I do find it odd that the gentleman refers to the IRS not being able to respond to calls from Americans seeking help with their taxes when one of the very first bills that the majority passed would have eliminated the increase in IRS employees that was passed as part of the IRA last summer specifically so that the IRS would have enough employees to respond quickly to Americans seeking assistance.
Apparently, we have had a rise of conscience here recognizing that Americans and constituents of all of ours cannot get through to the IRS, which is why the IRA increased the number of agents working at the IRS. Apparently, that is not okay if they are collectively bargaining for fair wages and benefits.
This amendment is completely unnecessary. It is redundant. It makes what is already a bad bill duplicative and superfluous, and therefore, I oppose.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, part of the problem with having a redundant amendment on the floor is that there were so many important amendments that the Democrats offered that were not even allowed to come to the floor, notwithstanding the purported open rules that Republicans have been so proudly championing this Congress.
One of those amendments would have included in the category of exceptions to this unnecessary bill coordinating between law enforcement and social media companies about neo-Nazis inciting anti- Semitic violence on social media. That amendment was offered in the committee and was unanimously rejected by my Republican colleagues, who apparently believe that neo-Nazis should incite violence against Jews unchecked and unfettered on social media.
Unfortunately, that amendment was also offered and rejected at the Rules Committee last night, and so, therefore, we don't have it here to argue about, and we will not be able to vote about it on the floor. Instead, we are voting on this redundant, unnecessary, and confusing amendment that does nothing to meaningfully change this bill but, instead, is an opportunity to rail against union workers.
For that, Mr. Chairman, I oppose this amendment, and I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the amendment at the desk.
Mr. Chairman, this is yet another redundant and unnecessary amendment. It is already presumably included in the exception for child pornography and child exploitation. I suppose if it is adding obscenity to those exceptions, then perhaps there is something there to it.
What really strikes me here is that there was a bipartisan amendment that was offered in the Rules Committee last night that would include an exception for sexual assault, and that was not passed through to the House floor.
If the chairman would indulge me for a moment and I could yield to him, can the gentleman explain why he opposed the bipartisan amendment that would prohibit sexual assault and yet he allowed through this amendment on basic obscenity?
Apparently, the chairman doesn't know what I am referring to.
There was a bipartisan amendment offered last night in the Rules Committee between Congresswoman Houlahan and Congresswoman Mace that would have added to the specified list of exceptions to law enforcement coordinating with social media companies in the event of information related to sexual assault.
That amendment was not passed through to the House, and we are not considering it today. Yet, here we are considering the gentleman from Virginia's amendment including as an exception, in the same way, issues related to obscenity and obscene matters.
Now, if my Republican colleagues believe that basic obscenity on the internet is worse than sexual assault, then they should say so. But that seems quite preposterous to me, and it is a shame that we cannot address the bipartisan Houlahan-Mace amendment on the floor today.
Mr. Chairman, I am prepared to close, and I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
Let's get this straight. We have an amendment here because my colleagues on the other side of the aisle want to protect children from obscenity. Yet amendments that the Democrats have offered to protect our national security, to protect our elections from foreign interference, to protect against live-streaming of terrorist events and attacks used by international terrorists around the country to strike fear in Americans and others worldwide, and to an amendment that could protect against sexual assault, none of those amendments are here for us to address today.
Instead, what we are addressing right now is in addition to child pornography and child exploitation--two very legitimate law enforcement purposes that, of course, should be permitted to have coordination with social media companies--no, now we are really worried about protecting children from seeing nudity online.
Apparently, that is of such paramount importance that we don't care if Vladimir Putin has a red carpet to interfere in our elections. We don't care if people are threatening to assault people online and to threaten sexual assault. And we don't care if people are sending death threats online. No. We need to protect our children from seeing some nudity. That is what is so important that we need an amendment on the floor.
The joke of it all--and the gentleman from Pennsylvania commented on how great it is that we are considering amendments--is that apparently it is only great if you are a Republican because only Republican amendments are allowed to be considered on the floor.
That is a travesty. That is not what we were promised. That is not what the American people want to hear. So for all of those reasons, I oppose this unnecessary amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chair, just briefly, we were at that Twitter hearing when the former general counsel of Twitter and of the FBI suggested that there needs to be legislation in order for social media companies to properly coordinate with law enforcement, and we wholeheartedly agree.
I am certain that he would never in a million years imagine that this would be the legislation because this completely guts the FBI's ability to protect the safety and security of the American people and our democracy.
Mr. Chair, let's not pretend the witness at that hearing wants this bill to be the legislation in order for social media and law enforcement to coordinate. I am happy to work with the chairman on that, but it is not this bill.
Mr. Chair, I rise in opposition to the amendment at the desk.
Mr. Chair, accountability matters, says my friend from Tennessee, and his amendment would place further penalties in the hands of the Office of Special Counsel which, as he mentions, is the office that also adjudicates the Hatch Act. Well, if you want accountability, let's start talking about the Hatch Act. Let's talk about the 13 Trump administration officials who violated the Hatch Act. Let's talk about Kellyanne Conway, who had more than 60 violations of the Hatch Act, so many that the Office of Special Counsel--that the gentleman from Tennessee references--recommended that she be fired.
Did anything happen to her? No. You know what she said? She said: Come talk to me when there is a jail sentence. Well, that is why last week in our markup on this bill I introduced the Kellyanne Conway amendment, which would have added criminal penalties for a knowing, willful, and intentional violation of the Hatch Act.
Now, as we all know, the Hatch Act is actually a law that prohibits government officials from abusing their office, as the gentleman from Tennessee just said. Without teeth in those penalties, the Trump administration senior officials ran roughshod all over that.
Unfortunately, what Mr. Ogles and the chairman are focused on is not on adding accountability to prohibit government officials from abusing their positions for political purposes. Instead, we are talking about the phantom problem of government officials abusing their authority to censor free speech, none of which has happened, and yet here we are with so many examples of violations of the Hatch Act, but we are not dealing with that.
We are not dealing with actual evidence, actual facts, actual violations of the law to put accountability, as the gentleman from Tennessee says, and some teeth into our laws under the jurisdiction of the Oversight Committee to prevent abuse of power by government officials. That is where we should be spending our time, not on this bill and not on this amendment, which already has plenty of punishment for those who are in violation.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I am prepared to close, and I reserve the balance of my time.
Mr. Chair, my colleagues on the other side of the aisle want to appear so tough that 5 years of debarment from Federal employment is not enough, so we are going to make it 10 because 5 just doesn't do it. The difference between 5 and 10 is going to mean that someone, some government official who is trying to censor lawful speech on the internet is going to say, whoa, whoa, 10 years, oh, I am not going to do it now--but 5 years.
These amendments are trivial; they are unnecessary; they have no meaning; and yet the meaningful amendments were not allowed to be brought to the floor.
Apparently the open rules only apply to my colleagues on the other side of the aisle, they do not apply to us. That is a shame because there are some very significant amendments that would make this bad, bad bill slightly better.
For that reason, I oppose this amendment, and I yield back the balance of my time.
Mr. Chair, I rise in opposition to the amendment at the desk.
Mr. Chair, the problem with these civil penalties is not that it is going to bankrupt any government officials, but it has a tremendous chilling effect on anyone trying to do their job, on any Federal law enforcement or intelligence community official trying to protect our country, trying to enforce our laws, trying to keep Americans safe, trying to keep our democracy safe because what these penalties will do is create an amorphous barrier to this amorphous law where no one has any idea whether what they are doing is lawful or unlawful because who is to define lawful speech?
Well, traditionally, it is a court, and it is government officials who have to make that initial call, that initial discretionary decision whether or not speech is lawful. In what world, if they are risking a $50,000 fine, are they ever going to take a risk to actually try to do something that might be on the line?
What these penalties will ultimately do is encourage good, upstanding, patriotic American Federal officials not to pursue their jobs, not to do their jobs in the way that we, the American people, need them to do their jobs, in a way that keeps us safe, in a way that enforces our criminal laws, in a way that protects us.
That will not happen because they are going to be fearful that they will lose a third to a quarter of their salary if they violate this
Mr. Chairman, I yield back the balance of my time.