Key facts
- The JAWBONE Act, introduced by Senators Ted Cruz and Ron Wyden, aims to combat government censorship.
- The bill would allow individuals to sue federal officials for coercing private companies to restrict speech.
- It prohibits federal agencies and employees from pressuring broadcasters, tech platforms, and AI services regarding content.
- The legislation creates a private right of action for victims to seek compensatory damages.
- A public portal will be established for agencies to submit communications with companies regarding content.
- Supporters include the ACLU, Americans for Tax Reform, FIRE, and the Knight First Amendment Institute.
U.S. Senators Ted Cruz and Ron Wyden have introduced the JAWBONE Act, a bipartisan legislative proposal designed to combat government censorship by federal officials. The bill, officially titled the Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act, would prohibit federal agencies and employees from coercing or attempting to coerce broadcasters, online service providers, and AI service providers into altering or restricting content.
The legislation aims to create a "private right of action," allowing individuals whose speech is allegedly stifled by such government pressure to sue the responsible officials and recover compensatory damages. This would provide a legal recourse beyond current injunction-based remedies, potentially holding officials accountable even after they leave office.
Supporters, including the American Civil Liberties Union (ACLU), Americans for Tax Reform, the Foundation for Individual Rights and Expression (FIRE), and the Knight First Amendment Institute, have endorsed the bill. They argue it is necessary to protect First Amendment rights against "unconstitutional jawboning" and to ensure government accountability.
The bill also mandates that agencies submit certain communications with social media companies, AI companies, and broadcasters to a publicly accessible portal, with detailed summaries and access for Congress. This measure is intended to prevent secret censorship efforts and provide evidence for potential legal challenges.
While the bill is bipartisan, quotes from its sponsors highlight concerns about actions taken by both the Biden and Trump administrations. Senator Cruz specifically mentioned the Biden administration's alleged use of the Cybersecurity and Infrastructure Security Agency to pressure Big Tech, while Senator Wyden pointed to Trump's threats against cable companies over late-night shows.