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SB 531

Establishing First Amendment Preservation Act

2026 Regular Session Introduced by Mike Azinger and 7 co-sponsors

West Virginia SB 531 bars state advertising contracts with media reliability and bias monitors, requires bidder certifications, and targets viewpoint neutrality in public ads.

Chapter 153, Acts, Regular Session, 2026
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Bill Summary · SB 531

Overview

Senate Bill 531 (SB 531), enacted during the 2026 West Virginia regular session, establishes the First Amendment Preservation Act. The measure is designed to restrict state contracting with advertising vendors that rely on “media reliability and bias monitors,” with the stated aim of preventing viewpoint discrimination in state advertising spending and ensuring broad audience reach.

Purpose and intent

  • Create a statutory prohibition on the use of media reliability and bias monitors in state advertising procurement.
  • Ensure state advertising funds are not directed to entities that use such monitors to influence or bias ad placements.
  • Guard against viewpoint discrimination in public advertising by focusing on advertising reach across political ideologies.

Key provisions and changes

  • Definition of terms:
    • “Agency” includes state departments, agencies, higher education institutions using state funds, and political subdivisions.
    • “Company” covers any profit or nonprofit business entity and its subsidiaries.
    • “Media reliability and bias monitor” is a firm whose primary function is rating or judging news sources for factual accuracy, bias, journalistic standards, or ethics (includes fact-checking or similar activities). It excludes firms that only rate audience size or provide clippings/aggregations.
  • Contracting prohibitions:
    • Agencies may not contract with a media reliability and bias monitor for directing advertising placements or programmatic ad purchases.
    • Agencies may not contract with advertising/marketing firms that use a media reliability and bias monitor for the same purposes.
    • Agencies may not contract with entities connected to certain U.S. foreign adversaries or terrorists listed by federal authorities (e.g., Commerce’s foreign adversaries list, State Department terror lists, agencies' designations under EO 13224/13268) or related individuals/entities.
  • Certification requirements:
    • All bidding companies must certify in writing that they are not, and will not use, a media reliability and bias monitor for the contract.
    • Before extending, renewing, or modifying a pre-existing contract for advertising/marketing services, agencies must obtain a written certification from the contractor confirming it is not a media reliability and bias monitor nor planning to use one.
  • Scope and limits:
    • The act does not prohibit contracting for general news aggregation or for services that provide analytics on ad performance.
  • Effective date:
    • Provisions apply to contracts and agreements delivered, executed, amended, adjusted, or renewed on or after July 1, 2026.

Who/what is affected

  • State agencies and political subdivisions that procure advertising or marketing services.
  • Advertising and marketing firms bidding on state contracts.
  • Entities with ties to listed foreign adversaries or terrorists as defined by federal law.
  • Higher education institutions using state funds for advertising activities.

Procedural and timeline notes

  • Enrolled and enacted in March 2026; effective July 1, 2026.
  • Chapter enacted in the 2026 regular session (Chapter 153, Acts).
  • The bill underwent standard legislative process, including committee review, debates, and passage in both chambers before gubernatorial approval.

Potential impact

  • Reduces use of media reliability and bias monitors in public advertising procurement.
  • Introduces new compliance and certification requirements for bidders.
  • Potentially limits contracts with some media monitoring or fact-checking firms.
  • Aims to prevent perceived viewpoint discrimination in state advertising, while allowing general data aggregation and performance analytics to continue.

Compiled from official sources — confirm details with the bill’s official record.

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