Introduction of the JAWBONE Act
U.S. Senators Ted Cruz (R-Texas) and Ron Wyden (D-Ore.) have introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act, or JAWBONE Act, a bipartisan bill aimed at curbing government pressure on broadcasters and tech platforms to restrict speech. The proposed law would create a private right of action for individuals whose First Amendment rights are violated by federal officials engaging in “jawboning”—coercing private companies into censoring protected speech.
Key Provisions of the Bill
The JAWBONE Act would prohibit federal agencies and employees from coercing or attempting to coerce broadcasters, online service providers, or AI service providers into altering content. It applies to actions by any federal entity, including the Federal Communications Commission (FCC), which has seen Chairman Brendan Carr repeatedly pressure TV networks and broadcasters. The bill also covers government pressure on social media firms and AI chatbot makers.
Under the act, victims of jawboning could recover compensatory damages through lawsuits against government officials. State attorneys general could also enforce the law through civil actions. The legislation explicitly targets “jawboning,” defined as government pressure on private companies to censor speech protected by the First Amendment.
Bipartisan Support and Criticism
The bill is notable for its bipartisan sponsorship, with Cruz and Wyden crossing party lines to address what they see as a growing threat to free expression. Cruz has previously criticized FCC Chairman Carr, a Republican, for coercing ABC into suspending Jimmy Kimmel. However, Cruz’s statement in the press release focused on actions by the Biden administration, specifically the Cybersecurity and Infrastructure Security Agency’s pressure on Big Tech to “cancel” Americans who spoke out against vaccine mandates and election fraud.
Wyden, meanwhile, called out “blatant” threats from former President Donald Trump, who pressured cable companies over late-night shows. “The most blatant example is Trump threatening cable companies because he doesn’t like their late-night shows, but jawboning isn’t partisan, and it isn’t new,” Wyden said. He emphasized that nearly all American speech—including TV news, online streams, and AI services—is vulnerable to such coercion.
Background and Context
The JAWBONE Act builds on ongoing concerns about government overreach in the digital age. The term “jawboning” has gained traction as federal agencies have increasingly used informal pressure to influence content moderation decisions by private platforms. The bill aims to provide a legal remedy for individuals whose speech is stifled due to such pressure, reinforcing First Amendment protections.
The legislation arrives amid broader debates over censorship, free speech, and the role of government in regulating online content. Supporters argue that the bill is necessary to hold federal officials accountable and deter future coercion. Critics may raise concerns about the potential for frivolous lawsuits or interference with legitimate government efforts to combat misinformation.
Potential Impact
If enacted, the JAWBONE Act could significantly alter the relationship between the government and private speech platforms. It would empower individuals and state attorneys general to challenge federal actions that indirectly suppress speech. The bill’s broad application to broadcasters, online services, and AI providers means it could affect a wide range of communications, from traditional TV to emerging AI chatbots.
The private right of action is a key feature, allowing victims to seek compensatory damages rather than relying solely on government enforcement. This could lead to increased litigation against federal officials, potentially chilling aggressive jawboning tactics.
Reactions and Next Steps
The introduction of the JAWBONE Act has drawn attention from free speech advocates and civil liberties groups. The bill will now proceed through the Senate, where it will need committee approval and floor votes. Its bipartisan sponsorship may improve its chances, but it faces an uncertain path in a polarized Congress.
Senators Cruz and Wyden have called for swift action, arguing that the bill is essential to protect Americans’ constitutional rights. As the debate unfolds, the JAWBONE Act represents a significant legislative effort to address the subtle but powerful ways government can influence speech in the digital era.
This article is based on reporting by Ars Technica. Read the original article.
Originally published on arstechnica.com
