California hate speech law (SB771)

State

California

Bill Number

SB 771

Current Status

Passed Senate and Assembly, awaits Governor's signature

Primary Target

Large social media platforms (annual gross revenues exceeding $100 million)

Sponsor (Legislator)

Stern

Organizational Sponsors

Children's Advocacy Institute at the University of San Diego School of Law, Consumer Federation of California, Jewish Family and Children's Services of San Francisco

Operative Date (if signed)

2027-01-01

Perceived Impact (Critics)

Threat to free speech

Stated Purpose (Supporters)

Hold social media platforms liable for aiding/abetting hate crimes, civil rights violations, or harassment by amplifying content.

Penalties for Platforms (Reckless Violations)

Up to $500,000 in civil penalties

Penalties for Platforms (Intentional/Knowing Violations)

Up to $1,000,000 in civil penalties

2025-09-12

Ongoing

"In no way shape or form is that accurate," said Ed Howard, Senior Counsel for the Children's Advocacy Institute at the University of San Diego School of Law. "Hate speech is not made illegal in current law, hate speech is completely unaffected by SB 771," Howard said. "You can say the most vile, most repulsive, most insulting, most insensitive and offensive things in the entire world. That's protected by your rights of free speech." [...] Right-leaning accounts and personalities on social media have been recently posting about Senate Bill 771, warning it could severely limit free speech, force social media companies to delete accounts and push people to pay hefty fines for saying the wrong thing. Supporters of the bill say that's not accurate. SB 771 specifically targets social media platforms for the role they could play in aiding and abetting in hate crimes by pushing content that could lead to a hate crime. [...] The proposed fines include up to $1 million in civil penalties for large social media companies that knowingly or intentionally amplify the threatening posts and $500,000 for those who allow it recklessly. If passed, it would take effect in 2027. State lawmakers approved the measure earlier this month. Gov. Gavin Newsom will ultimately decide if it becomes law. A spokesperson for his office would not comment on the bill Thursday.

97% of its content enforcement in key policy areas, including hate speech, bullying and harassment, and violence or incitement of violence… 38 See Civ. Code, §§ 51.7, 51.9, 52, 52.1; Pen. Code, § 422.6. 39 Civ. Code, § 51.7; Pen. Code, § 422.6. 40 Civ. Code, § 51.9. 41 Id., § 52.1. SB 771 (Stern) Page 16 of 18 California law already prohibits every person and every corporation from engaging in hate crimes, harassment, and intimidation aimed at frightening people out of exercising their legal [...] or should have known, that the plaintiff was a minor. This cause of action is intended to impose meaningful consequences on social media platforms that continue to push hate speech and other harassing conduct, but which are too profitable to be affected by a normal-sized civil damages award. This bill is sponsored by the Children’s Advocacy Institute at the University of San Diego School of Law, the Consumer Federation of California, Jewish Family and Children’s Services of San Francisco, Loma [...] based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat. (Pen. Code, § 422.6(c).) This bill: 1) States that the Legislature finds and declares the following: a) In California, corporations, like natural people, do not have a right to participate, through aiding, abetting, or conspiring, in hate crimes directed at vulnerable California

SB 771 aims to hold large social media platforms (defined as those with annual gross revenues exceeding $100 million) liable if their algorithms or other actions aid, abet, conspire in civil rights or hate crime violations, or act as joint tortfeasors in violations of established civil rights, hate crime, or harassment laws. Under the bill, intentional, knowing, or willful violations can result in civil penalties of up to $1,000,000. In contrast, reckless violations can incur penalties of up to [...] ## SB 771: Social Media Platforms Endangering Californians (Stern) By: Afshan Bhatia Status: As of September 12, passed both the Senate and Assembly. Awaits the Governor’s signature. [...] SB 771 also explicitly states large social media platforms are independently liable for deploying an algorithm that relays content which is separate from the message of the content itself. Platforms are deemed to have actual knowledge of how their algorithms operate. If signed by the Governor, the bill becomes operative on January 1, 2027. ## SB 435: Sensitive Personal Information (Wahab) By: Afshan Bhatia

The legislature's background findings, from section 1 of SB 771, seem to suggest the legislature is concerned specifically about "targeted threats, violence, and coercive harassment, particularly when directed at historically marginalized groups," "especially … in light of rising incidents of hate-motivated harm, as documented across the state": [...] California SB 771, which is now on Governor Newsom's desk for signature, would add a new statute that provides the following (some structure added): (a) A social media platform [that has >$100M in annual revenues] that [...] The legislature adds that "[t]he purpose of this act is not to regulate speech or viewpoint but to clarify that social media platforms, like all other businesses, may not knowingly use their systems to promote, facilitate, or contribute to conduct that violates state civil rights laws."