United States Senators Ted Cruz (R-TX) and Ron Wyden (D-OR) are combating government violations of Americans’ First Amendment right to free speech with the bipartisan Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act (JAWBONE) Act.
Jawboning, when government officials pressure private companies to censor protected speech, is often difficult for the average person to prove in court due to legal challenges, changing administrations and lack of access to evidence. The JAWBONE Act would allow individuals to sue government officials for jawboning and require agencies to submit certain communications to Congress, strengthening oversight and accountability.
“Holding the government accountable and giving Americans the tools to fight back is essential,” Sen. Cruz said. “The JAWBONE Act ensures the First Amendment is protected, not undermined.”
Sen. Cruz said jawboning and censorship are more of an issue than some may think.
During the COVID-19 pandemic, Former President Joe Biden and other federal officials urged social media platforms to remove or limit posts that could be viewed as misinformation, he said.
“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,” Sen. Cruz said.
But Sen. Wyden said administrations from both parties are guilty of censoring Americans’ online speech.
“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,” Sen. Wyden said, referring to when Trump pressured ABC and other media companies to pull programs he disliked.
Since nearly all Americans’ speech flows through online mediums like TV news, streaming platforms and social media sites, it is critical that they are able to defend their First Amendment right, Sen. Wyden said.
“These private corporations are highly susceptible to government pressure,” he said. “Regular Americans can’t count on those companies to stand up to government jawboning; they need a way to level the playing field.”
