US Senators Introduce Bipartisan Bill to Curb Government 'Jawboning' of Tech Firms
Legislation introduced by Ted Cruz and Ron Wyden would allow monetary damages for unsuccessful censorship attempts, marking a shift from current injunction-only remedies.
US Senators Ted Cruz and Ron Wyden have introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression (JAWBONE) Act, a bipartisan legislative effort designed to hold the federal government accountable for pressuring private companies to censor speech or alter content moderation policies. The bill targets a practice known as 'jawboning', where government entities attempt to persuade or coerce technology firms into restricting user expression.
If enacted, the legislation would create a new cause of action against government agencies or employees for such attempts, even if the pressure campaign fails to achieve its intended outcome. This represents a significant departure from current legal frameworks, where plaintiffs are typically limited to seeking injunctions to prevent future violations. Under the JAWBONE Act, individuals would be able to pursue monetary damages for alleged First Amendment violations.
The bill also mandates greater transparency within the federal government by requiring agencies to disclose communications with companies regarding complaints. Senators Cruz and Wyden argued that Americans currently face significant hurdles in proving these violations, and the proposed transparency measures aim to ensure greater accountability. The legislation is framed as a mechanism to protect the First Amendment from being undermined by bureaucratic overreach.
Despite the bipartisan nature of the bill, its introduction was accompanied by sharp partisan disagreements regarding which administration has been most guilty of such practices. Senator Cruz accused the Biden administration of weaponising the Cybersecurity and Infrastructure Security Agency (CISA) to pressure Big Tech into 'canceling' Americans who spoke out against vaccine mandates and election fraud claims.
Conversely, Senator Wyden cited the Trump administration’s actions as prime examples of jawboning, including threats made to cable companies over late-night television programming. A spokesperson for Wyden confirmed that the bill would also apply to the Trump administration’s pressure on app stores to remove the ICEBlock application, which allows users to pin the locations of Immigration and Customs Enforcement agents. The creator of ICEBlock is currently suing the government over unlawful threats that led to the app’s removal from digital stores.
Both senators emphasised that the issue of government coercion is not partisan. Wyden promised the bill would provide Americans with the ability to file lawsuits if the government illegally coerces censorship, while Cruz stated the legislation would ensure the First Amendment is protected. The introduction of the JAWBONE Act highlights ongoing tensions between federal authorities and technology platforms regarding the boundaries of free speech and regulatory influence.
