[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 424 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
S. RES. 424

    Affirming the unwavering commitment of the Senate to the First 
 Amendment and to freedom of speech and of the press as foundations of 
             the democratic republic of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2025

Mr. Merkley (for himself, Mr. Van Hollen, Mr. Schiff, Mr. Sanders, Mr. 
 Booker, and Mr. Markey) submitted the following resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
    Affirming the unwavering commitment of the Senate to the First 
 Amendment and to freedom of speech and of the press as foundations of 
             the democratic republic of the United States.

Whereas the First Amendment to the Constitution of the United States guarantees 
        that Congress shall make no law abridging the freedom of speech or of 
        the press;
Whereas the Supreme Court of the United States held in Texas v. Johnson, 491 
        U.S. 397 (1989),``If there is a bedrock principle underlying the First 
        Amendment, it is that the government may not prohibit the expression of 
        an idea simply because society finds the idea itself offensive or 
        disagreeable.'';
Whereas the Supreme Court has held that government restrictions on viewpoint are 
        presumptively unconstitutional;
Whereas, in National Rifle Association of America v. Vullo, 602 U.S. 175 (2024), 
        the Supreme Court unanimously held that government officials cannot 
        ``use their regulatory powers to coerce individuals or entities into 
        refraining from protected speech'';
Whereas, in the United States, the right to free speech is not conditioned on 
        speech aligned with the Federal Government's views;
Whereas section 326 of the Communications Act of 1934 (47 U.S.C. 326) prohibits 
        the Federal Communications Commission from engaging in censorship, 
        providing that, ``Nothing in this chapter shall be understood or 
        construed to give the [Federal Communications] Commission the power of 
        censorship . . . no regulation or condition shall be promulgated . . . 
        which shall interfere with the right of free speech.'';
Whereas, in 2020, the Commission issued Free Press Emergency Petition for 
        Inquiry Into Broadcast of False Information on COVID-19, Letter Order, 
        35 FCC Rcd. 3032, 3033 (MB & OGC 2020), in which it stated, ``the 
        Commission does not--and cannot and will not--act as a self-appointed, 
        free-roving arbiter of truth in journalism'';
Whereas, on February 22, 2021, the Federal Communications Commission Chairman 
        Brendan Carr stated, ``A newsroom's decision about what stories to cover 
        and how to frame them should be beyond the reach of any government 
        official, not targeted by them.'';
Whereas, on December 30, 2023, Chairman Carr posted on X, ``Free speech is the 
        counterweight--it is the check on government control. That is why 
        censorship is the authoritarian's dream.''; and
Whereas President Donald J. Trump in his inaugural address for his second term 
        stated, ``Never again will the immense power of the state be weaponized 
        to persecute political opponents.'': Now, therefore, be it
    Resolved, That the Senate--
            (1) calls on the President to commit to free speech, 
        consistent with the Constitution of the United States;
            (2) reaffirms its unwavering commitment to the First 
        Amendment and to freedom of speech and of the press as 
        foundations of the democratic republic of the United States;
            (3) declares that media independence must be protected and 
        licensing, regulatory authority, or other governmental powers 
        must not be used to punish or intimidate media organizations 
        for editorial content;
            (4) condemns any threats to revoke, suspend, or penalize 
        media licenses solely based on content or viewpoints;
            (5) calls on the Federal Communications Commission 
        Chairman, and the head of any other relevant Federal agency, to 
        uphold constitutionally protected free speech and, as aligned 
        with the duties of the agencies, affirm that they will not use 
        licensing or regulations as a tool of repression; and
            (6) rebukes the use of political violence against people 
        exercising their protected free speech rights.
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