New York Assemblyman Unveils Bill To Suppress Non-Government-Approved Free Speech

In a bill aimed at securing a “right to be forgotten,” introduced by Assemblyman David I. Weprin and (as Senate Bill 4561 by state Sen. Tony Avella), liberal New York politicians would require people to remove ‘inaccurate,’ ‘irrelevant,’ ‘inadequate’ or ‘excessive’ statements about others

  • Within 30 days of a ”request from an individual,”
  • “all search engines and online speakers] shall remove … content about such individual, and links or indexes to any of the same, that is ‘inaccurate’, ‘irrelevant’, ‘inadequate’ or ‘excessive,’ ”
  • “and without replacing such removed … content with any disclaimer [or] takedown notice.”
  • “ ‘[I]naccurate’, ‘irrelevant’, ‘inadequate’, or ‘excessive’ shall mean content,”
  • “which after a significant lapse in time from its first publication,”
  • “is no longer material to current public debate or discourse,”
  • “especially when considered in light of the financial, reputational and/or demonstrable other harm that the information … is causing to the requester’s professional, financial, reputational or other interest,”
  • “with the exception of content related to convicted felonies, legal matters relating to violence, or a matter that is of significant current public interest, and as to which the requester’s role with regard to the matter is central and substantial.”

Failure to comply would make the search engines or speakers liable for, at least, statutory damages of $250/day plus attorney fees.

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