Cruz and Wyden propose bill targeting government pressure on platforms
The JAWBONE Act would let people seek damages over unlawful official coercion aimed at removing their posts.
By Maya Lindqvist · Senior Technology Correspondent
3 min read
Sen. Ted Cruz and Sen. Ron Wyden introduced a bipartisan bill Thursday that would create a legal path for Americans to sue when government officials unlawfully pressure companies to take down their speech. The proposal matters because it targets “jawboning,” the practice of officials leaning on private platforms or broadcasters over content decisions.
Cruz, a Texas Republican who chairs the Senate Commerce Committee, and Wyden, an Oregon Democrat, call the measure the JAWBONE Act, according to the Senate Commerce Committee announcement. The bill would apply to government communications involving social media companies, artificial intelligence companies and broadcast companies.
Under the proposal, people could seek damages if a government official illegally tried to coerce one of those companies to remove a post, according to The Verge. The person would not have to show that the company actually carried out the takedown.
The measure also would add transparency rules for government contacts with social media, AI and broadcast firms, according to the Senate Commerce Committee announcement. Those requirements would make certain correspondence between officials and covered companies public.
How the bill could apply
The Verge reported that the bill could give a person such as Jimmy Kimmel a basis to sue Federal Communications Commission Chair Brendan Carr. Carr drew criticism after comments about TV stations’ broadcast licenses following a Kimmel joke made in the aftermath of Charlie Kirk’s killing.
Carr has denied that his comments were threats, according to The Verge. The bill also could affect less prominent social media users whose posts about medical misinformation or criticism of Kirk were removed or targeted, if they claimed government coercion played a role, The Verge reported.
Cruz first previewed the legislation after Carr’s remarks about Kimmel, according to The Verge. Cruz described Carr’s comments as “right out of Goodfellas,” while also saying he had been working on the legislation before that episode.
Pandemic moderation fight in the background
Cruz has repeatedly criticized Biden administration officials over their messages to social media companies about medical misinformation during the pandemic, according to The Verge. Those contacts became part of a Supreme Court case over whether federal officials had improperly pressured platforms on moderation decisions.
The Supreme Court ruled that the plaintiffs in that case did not have standing to sue, according to The Verge. The ruling also found no clear evidence that platforms moderated content because of government coercion.
The bill arrives with support from groups that often focus on free expression and civil liberties. The Verge reported that supporters include the American Civil Liberties Union, the Foundation for Individual Rights and Expression and the Knight First Amendment Institute at Columbia University.
The bipartisan sponsorship could help the proposal draw attention in Congress, according to The Verge. Its central question is how far government officials can go when they object to online posts, AI outputs or broadcast content without crossing into unconstitutional pressure.
This story draws on original reporting from The Verge.