B.2(ab). Freedom of Speech and Expression

Everyone has the Right to speak freely, including through art, religion, and politics. The government may not punish or censor expression—except in the narrow instances listed here:

Unprotected Categories:

1. Speech intended and likely to incite imminent lawless action or panic;

2. Deliberate falsehoods causing demonstrable harm, including reckless disregard for truth in contexts where accuracy is legally required, including political speech during the ninety (90) day period before an election;

3. Lying under oath;

4. Deliberate misinformation about voting procedures, candidate eligibility, or official endorsements intended to mislead voters;

5. Commercial fraud, as defined by law. True threats, including statements meant to instill fear of violence or unlawful harm;

6. Harassment, which is defined as targeting a Person or group in a sustained manner intended to intimidate, silence, or cause emotional harm;

7. Financial or in-kind expression by groups or corporations, because the wealth inequality between two groups or between a group and an individual crowds out the other's voice. Verbal, whether spoken, transmitted, or written, remains permissible.

Obscenity

Offensive or obscene speech is protected. The sole exception is graphic sexual or violent content reasonably likely to be seen or heard by minors without parental consent. Reasonable limits to protect children are allowed, as long as they don't unduly burden adults.

Private Autonomy

Private individuals and groups cannot be compelled to host or support speech with which they disagree. In that spirit, but respecting the influence algorithms have on the rights of other individuals, algorithms used to distribute or prioritize publicly available information on private platforms may remain proprietary, but the general principles, inputs, and effects of their design must be made transparent to the public.