Proposal Prohibiting Federal Funding Recipients and Entities Doing Business with the Federal Government from Violating First Amendment Rights through Censorship or Speech Restrictions
WHEREAS, the First Amendment of the United States Constitution guarantees the right to free speech, ensuring that no law or governmental action abridges the freedom of expression or imposes undue restrictions on speech; and
WHEREAS, the protection of free speech is fundamental to the functioning of a free and democratic society, fostering open dialogue, the exchange of ideas, and individual liberty; and
WHEREAS, certain entities and agencies that receive federal funding, or conduct business directly or indirectly with the federal government, have implemented policies that regulate or restrict speech, including but not limited to classifying certain forms of expression as “hate speech,” “misinformation,” or “disinformation”; and
WHEREAS, “hate speech” is not a recognized legal exception under U.S. law, and the First Amendment does not exclude speech from protection simply because it is offensive or hateful, provided that it does not fall into narrowly defined exceptions such as incitement to imminent lawless action, true threats, or defamation; and
WHEREAS, vague and overly broad terms like “hate speech,” “misinformation,” or “disinformation” are subjective and can lead to arbitrary enforcement, raising significant concerns about their impact on free speech; and
WHEREAS, under First Amendment law, any regulation or restriction on speech must be clear, narrowly tailored, and specific, to prevent arbitrary enforcement that could chill legitimate free expression; and
WHEREAS, the U.S. government is prohibited from directly restricting speech based on its content, and entities receiving federal funding or contracting with the government should not be allowed to do indirectly what the government itself is forbidden from doing directly, including suppressing protected speech; and
WHEREAS, the resolution seeks to protect free expression by ensuring that federal funding and contracts are not used to support censorship or impose speech restrictions that violate First Amendment rights, reinforcing existing constitutional protections;
NOW, THEREFORE, BE IT RESOLVED that the [Governing Body/Organization Name] hereby declares that any agency, organization, or entity receiving federal funding, or doing business directly or indirectly with the federal government, shall not infringe upon or restrict the First Amendment rights of its clients, members, or the public, through censorship or by imposing subjective speech regulations, such as labeling speech as “hate speech,” “misinformation,” or “disinformation” without due process or clear legal definitions;
BE IT FURTHER RESOLVED that:
- Prohibition of Censorship by Federal Funding Recipients and Government Contractors:
- Any entity, agency, or organization that receives federal funding or conducts business with the federal government shall not engage in practices that censor or restrict free speech, unless such speech falls under legally recognized exceptions to the First Amendment (such as direct threats, incitement to imminent lawless action, or obscenity as defined by law).
- Entities shall not use federal funds or government contracts to create or enforce policies that impose undue restrictions on speech, including subjective determinations of “hate speech,” “misinformation,” or “disinformation” that go beyond legally defined limits.
- No Conditions Imposing Restrictions on Free Speech:
- No conditions shall be imposed on clients, members, or the public by any federal funding recipient, or any entity doing business directly or indirectly with the federal government, that limit or condition access to services or programs based on adherence to speech restrictions, including the prohibition or punishment of speech categorized as “hate speech,” “misinformation,” or “disinformation” without due legal process.
- Agencies, entities, and contractors receiving federal funding or doing business with the federal government shall ensure that policies related to speech comply fully with the protections guaranteed by the First Amendment.
- Enforcement and Accountability:
- Any agency, organization, or contractor found to be in violation of this resolution by imposing speech restrictions in violation of the First Amendment shall be subject to review and potential revocation of federal funding or termination of contracts.
- A mechanism for reporting violations shall be established, ensuring that individuals whose speech rights are infringed upon by federal funding recipients or government contractors have recourse to raise concerns and seek redress.
BE IT FURTHER RESOLVED that this resolution is consistent with the First Amendment because:
- “Hate Speech” Is Not a Recognized Legal Exception: In the U.S., “hate speech” is not a category that is inherently excluded from First Amendment protections. The government cannot regulate speech simply because it is offensive or hateful, as long as it does not fall into a recognized exception like incitement or threats.
- Vagueness and Overbreadth Concerns: Terms like “misinformation” and “hate speech” are often vague and subjective, which can lead to arbitrary enforcement and overreach. Under First Amendment law, regulations on speech must be clear and specific to avoid chilling legitimate free expression.
- Protecting Free Expression: The resolution ensures that federal funding is not used to encourage or support censorship that violates First Amendment rights. This is legal because it reinforces existing constitutional protections and prevents the government from indirectly pressuring private entities to do what it cannot do directly (i.e., suppress free speech).