California is trying to punish social media platforms for aiding and abetting the First Amendment. Senate Bill 771, currently awaiting Democratic Gov. Gavin Newsom's signature, would "impose meaningful consequences on social media platforms" that allow users to publish "hate speech," per a legislative analysis from the state's Senate Judiciary Committee.

One little problem: this is America, and most speech—no matter how hateful or offensive—is protected by the First Amendment.

California lawmakers are trying to get around this by pretending that S.B. 771 doesn't actually punish companies for platforming potentially offensive speech; it merely makes them liable for aiding and abetting violations of civil rights law or conspiring to do so. "The purpose of this act is not to regulate speech

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