A new legal challenge, spearheaded by Alliance Defending Freedom attorneys, has thrust the state of California into the spotlight once again over allegations of infringing on free speech rights. This federal lawsuit, lodged on behalf of video-sharing platform Rumble, argues that two new California statutes unconstitutionally restrict users’ ability to share political content online.
We obtained a copy of the lawsuit for you here.
Under these controversial laws, specifically AB 2655, platforms like Rumble are coerced into policing and removing content that the state deems harmful. These regulations have been criticized for compelling platforms to censor speech, thereby becoming unwilling agents of government censorship. According to ADF Senior Counsel Phil Sechler, in a press release sent to Reclaim The Net, “California’s war against political speech is censorship, plain and simple. We can’t trust the government to decide what is true in our online political debates.” He emphasized the importance of platforms like Rumble, which resist governmental pressures to curtail free expression.
The complaint details the operational challenges: “The law forces Rumble to undertake the impossible task of training its team to recognize and then remove and label content based on inherently vague and subjective terms on which even pollsters and government officials cannot agree, such as what content may be ‘likely to harm’ electoral prospects or may likely undermine confidence in an election.”
Further, Rumble contends that AB 2655 oversteps by altering and compelling the speech of private entities, thus infringing upon their rights to free speech. It argues that neither the Constitution nor Section 230 of the Communications Decency Act allows California to “alter and compel Rumble’s speech while also mandating that it censor its users’ speech. As such, this Court should enjoin AB 2655 and declare it unlawful.”
The genesis of these laws can be traced back to July when a parody video targeting Vice President Kamala Harris spurred Gov. Gavin Newsom to advocate for making such content illegal. Subsequently, the California Legislature expedited the passage of these laws, which Gov. Newsom signed into action on September 17. AB 2839, in particular, imposes vague criteria to penalize individuals for sharing content related to elections, such as political memes and parodies.
In the detailed legal challenge, attorneys argue that AB 2655 forces Rumble to alter its own speech and police its users’ speech based on arbitrary criteria that even experts cannot uniformly interpret. The law imposes a duty on Rumble to train staff to identify and mitigate content that could potentially damage a politician’s reputation or undermine confidence in elections — criteria seen as inherently subjective.
This lawsuit follows a similar successful defense of free speech by ADF on behalf of The Babylon Bee and attorney Kelly Chang Rickert, leading to a temporary halt on enforcing AB 2839 against them while their legal battle continues.
