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SB 938

Relating to: warning labels for explicit content, creating an explicit content label warning surcharge, making an appropriation, and providing a penalty. (FE)

2025-2026 Regular Session Introduced by André Jacque and 1 co-sponsor

Wisconsin bill would require explicit content warning labels and impose a surcharge on materials containing such content, with penalties for non-compliance and designated appropriation of revenue.

Failed to pass pursuant to Senate Joint Resolution 1
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WeVote Research Nonpartisan
Bill Summary · SB 938

Legislative bill overview

SB 938 would require warning labels on media with explicit content and establish a financial surcharge on products containing such material. The bill creates enforcement mechanisms and penalties for non-compliance, with revenue generated designated for a specific appropriation.

Why is this important

This legislation attempts to address concerns about explicit content accessibility, particularly regarding minors. The surcharge mechanism is unusual and raises questions about how content regulation intersects with taxation and commerce in the digital age.

Potential points of contention

  • First Amendment concerns: Warning label and surcharge requirements on speech-based content face constitutional scrutiny, especially regarding what qualifies as "explicit"
  • Definitional ambiguity: The bill must clearly define "explicit content" to avoid arbitrarily capturing protected speech or creating enforcement inconsistencies
  • Economic impact: A surcharge on explicit content creates a financial penalty on certain speech and may disadvantage retailers/publishers, raising fairness and competitive questions
  • Digital vs. physical enforcement: Applying such requirements across digital platforms, streaming services, and physical media presents significant practical and jurisdictional challenges
  • Substitute amendment shifts: The withdrawal of multiple cosponsors and introduction of Senate amendments suggest evolving consensus about the bill's approach

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

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