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Article XI

 

This article exists because democracy depends on citizens having access to reliable information from a variety of independent sources. As media companies, digital platforms, and information networks have become increasingly concentrated, many Americans worry that a small number of organizations can exert outsized influence over what people see, hear, and believe. 


This article promotes transparency about who owns, funds, and controls major sources of political and civic information while encouraging a diverse and competitive information environment. At the same time, it explicitly protects freedom of speech and freedom of the press, ensuring that the government cannot act as an arbiter of truth or censor lawful expression.

  

ARTICLE XI — FREEDOM OF INFORMATION


Section 1 — Democratic Information Environment

Democratic self-government depends upon broad public access to diverse, independent, and transparent sources of information sufficient to permit citizens to make informed political judgments.

No person or entity shall be permitted to obtain or maintain disproportionate control over the dissemination of political or civic information through concealment, manipulation, monopoly power, undisclosed sponsorship, or deceptive distribution practices.

  

Section 2 — Transparency and Accountability

Congress and the States shall enact and maintain laws promoting transparency regarding the ownership, sponsorship, funding, distribution, and material control of information systems that disseminate political or civic information at scale.

Such laws shall require disclosure of material ownership interests, funding sources, conflicts of interest, algorithmic distribution practices, sponsored content, and other information necessary to promote transparency and informed public understanding.

  

Section 3 — Diversity and Independence

Congress and the States shall enact and maintain laws preventing undue concentration of ownership, control, or influence over the dissemination of political or civic information and preserving a diverse, independent, and competitive information ecosystem.

  

Section 4 — Protection of Expression

Nothing in this Article shall be construed to authorize government determination of truth, censorship of lawful expression, licensing of journalists, prior restraint, viewpoint discrimination, compelled editorial judgment, or interference with the freedoms of speech, press, assembly, or expression guaranteed by this Constitution.

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