California’s Senate Bill 771 (SB 771), authored by Senator Henry Stern (D-27), has been rushed through the Legislature with strong committee and floor votes. Senator Scott Wiener, one of Sacramento’s most visible progressives, backed it both in committee and on the floor. But the deeper story may not be about policy at all.
A Bill Too Extreme to Survive
SB 771 threatens fines of up to $1 million per violation—or months of global revenue—against social media platforms when their algorithms “relay” flagged content, even if the speech is lawful. Critics call it a direct assault on the First Amendment and California’s own constitutional protections of free expression.
But here’s the remarkable part: nearly every corner of California’s progressive activist community is against this bill.
The opposition list includes: (there are many more opposed)
• Code Pink chapters statewide
• Democratic Socialists of America (East Bay & San Francisco)
• Council on American-Islamic Relations, California (CAIR-CA)
• Democrats for Palestinian Rights – Bay Area
• Jewish Voice for Peace chapters (Bay Area, LA, Sacramento, San Diego, South Bay)
• IfNotNow California
• Hindus for Human Rights
• Earth Loves Gaza, Ground Game LA, Human Agenda
And standing shoulder to shoulder with them: the California Chamber of Commerce and the Computer and Communications Industry Association.
When the California Chamber and Code Pink end up on the same side, it isn’t policy – it’s a setup. It’s a flashing warning sign that the legislation could be nonsense.
The Political Theater Theory
So why push it through? Here’s one theory: Was SB 771 was designed to die?
Governor Gavin Newsom is bleeding political capital at home, struggling with homelessness, housing, and disaffection among his base. Nationally, he’s working overtime to craft a more centrist, rights-defender persona as he eyes a White House run.
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If he signs SB 771: he owns a censorship bill that will be enjoined in federal court within weeks, cementing the image of California as authoritarian “Crazyland.”
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If he vetoes SB 771: he becomes the principled defender of free speech. He can stand on the Capitol steps and say, “I won’t let Sacramento trample your First Amendment rights.” That’s the soundbite that plays on CNN, and maybe even as social media clout.
Wiener and Stern still get to posture as warriors against hate speech. Activist groups get to say they fought censorship. And Newsom walks away as the “hero” who saved Californians from government overreach.
Left-on-Left Rebellion
That political calculation is only possible because so many progressive organizations have already broken ranks. Groups like CAIR-CA warn that SB 771 could be weaponized to silence Palestinian advocacy. Code Pink and DSA chapters see it as an attack on dissent itself.
In other words, Newsom isn’t just vetoing a “right-wing talking point” if he kills this bill. He’s siding with civil-liberties groups across the spectrum, from grassroots progressives to national trade associations. That’s exactly the kind of centrist image-polishing he needs right now.
Was This the Plan All Along?
If SB 771 was intended to survive, the drafters failed spectacularly. But if it was meant to stage a veto moment for a governor in need of a political reset, it’s obvious theater timing to those who are paying attention.
The real tragedy is that Californians are once again being used as props in a game of political optics.
While Sacramento plays hero-villain charades, the chilling effect on speech and press freedom still looms — because even the introduction of bills like SB 771 teaches platforms to err on the side of censorship.
The governor has until October 13 to decide. The safe money says he’ll veto it. The harder question is whether Californians will see through the performance.
