Bipartisan Bill Aims to Curb Government Coercion of Tech Platforms

Senators Ted Cruz (R-Texas) and Ron Wyden (D-Ore.) introduced the JAWBONE Act. This proposed legislation targets federal officials who pressure broadcasters or technology platforms to restrict speech. The bill is officially named the Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act.

The JAWBONE Act would prohibit federal agencies and employees from coercing online service providers, artificial intelligence (AI) services, or broadcasters into altering content. It creates a private right of action, allowing individuals whose speech is stifled to seek compensatory damages in court. State attorneys general could also enforce the law through civil actions.

"Jawboning occurs when the government pressures private companies to censor speech protected by the First Amendment," stated a press release from the senators. The bill aims to hold the government accountable for censorship and First Amendment violations. Senator Cruz cited actions by the Biden administration regarding the Cybersecurity and Infrastructure Security Agency.

Senator Wyden noted that "jawboning isn't partisan, and it isn't new." He referenced former President Trump's attempts to influence cable companies regarding late-night television. Wyden's spokesperson confirmed the bill's applicability to scenarios like the Trump administration's pressure on app stores to remove certain applications. Most American speech, including online streams and social media, flows through private corporations susceptible to government pressure.

A bill summary indicates that current legal precedent requires plaintiffs to prove coercion successfully led to content removal or changes. The JAWBONE Act would enable plaintiffs to sue and obtain financial damages from any government agency or employee involved in such "jawboning" activities.