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Gov. Newsom Slaps a Warning Label, New ID Checks on Free Speech Online

SACRAMENTO, Calif.—Yesterday, California Gov. Gavin Newsom signed into law AB 56, a censorship provision requiring that online services become “roving censors for the state” and display government-approved warning messages on their sites, and AB 1043, a provision requiring app stores to verify user identities, risking their privacy and security on digital services and violating their free speech rights.

NetChoice urged Gov. Newsom to veto AB 56 and AB 1043 and cautioned the legislature before passage that these bills are unconstitutional. We are currently challenging similar censorship laws across the country.

“The government cannot compel speech by forcing businesses to display politicians’ preferred messages. That’s exactly what AB 56 does,” said Zach Lilly, NetChoice Director of Government Affairs. “In NetChoice v. Bonta (2023), the Court also made clear that California cannot force digital services to become ‘roving online censors for the state.’ States cannot do by ‘warning label’ or ID check what they can’t do by outright ban. It’s unfortunate to see Gov. Newsom signed AB 56 and AB 1043, both of which will not withstand legal scrutiny.” 

The Governor also vetoed SB 771, AB 1064 and SB 7, and NetChoice applauded him for doing so and stopping some of the legislature’s attempts to censor speech and set back AI development in the Golden State.

Lilly continued: “NetChoice is encouraged to see Gov. Newsom curbed at least some of the California legislature’s inexhaustible desire to police speech and regulate sources of free expression and free enterprise. We applaud him for vetoing SB 771, AB 1064 and SB 7 and hope to work with him on meaningful and lawful provisions in the future.”  

Read NetChoice’s veto letter to Gov. Newsom here

Please contact press@netchoice.org with inquiries.