Originally published by the U.S. Senate Commerce Committee.
WASHINGTON, D.C. – U.S. Senate Commerce Committee Chairman Ted Cruz (R-Texas) and Senator Ron Wyden (D-Ore.) today introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act (JAWBONE) Act, legislation to hold the government accountable for censorship and violations of the First Amendment.
Jawboning occurs when the government pressures private companies to censor speech protected by the First Amendment. Americans face significant hurdles in proving these violations. Cases are dismissed when officials leave office or administrations change. Uncovering private communications between government officials and companies is difficult. Evidentiary and doctrinal hurdles preclude remedies even in cases where the government clearly bullied companies into censoring speech.
The JAWBONE Act would create a cause of action against any government agency or employee that engages in jawboning, regardless of whether the censorship succeeds, and allow plaintiffs to seek monetary damages. It would also require agencies to submit to Congress certain communications with companies, ultimately strengthening oversight and accountability.
Upon introduction, Chairman Cruz said:“Government interference in online speech is not fiction. The Biden administration weaponized the Cybersecurity and Infrastructure Security Agency to pressure Big Tech into ‘canceling’ Americans who spoke out against vaccine mandates and election fraud. Holding the government accountable and giving Americans the tools to fight back is essential. The JAWBONE Act ensures the First Amendment is protected, not undermined.”
Sen. Wyden added:“Nearly all of Americans’ speech – including TV news, online streams and social media – flows through private corporations that are highly susceptible to government pressure. Regular Americans can’t count on those companies to stand up to government jawboning, they need a way to level the playing field,” Wyden said. “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. The JAWBONE Act would provide Americans with the ability to sue when the government illegally coerces censorship and create transparency around government requests to censor speech.”
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The following groups support the JAWBONE Act: Foundation for Individual Rights and Expression (FIRE), American Civil Liberties Union (ACLU), Knight First Amendment Institute at Columbia University, Protect The 1st Foundation, Abundance Institute, Center for Democracy and Technology, Institute for Free Speech, Public Knowledge, Americans for Tax Reform, Advancing American Freedom, Independent Women’s Voice, and Internet Accountability Project.
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Abundance Institute: “Social media platforms and artificial intelligence tools empower Americans to speak their minds and hear novel perspectives. This open discourse is protected by the First Amendment: government cannot coerce these companies to suppress what users say or hear. The JAWBONE Act exposes government pressure on these companies and gives censored Americans a path to remedies. It would fortify the marketplace of ideas against government manipulation.”
– Neil Chilson, Head of AI Policy, Abundance Institute