A bipartisan effort in Congress seeks to reinforce First Amendment protections by preventing federal officials from pressuring private companies to censor lawful speech. In a new RealClearMarkets column, Market Institute Senior Fellow Norm Singleton examines the Justice Against Weaponized Bureaucratic Overreach to Networked Expression (JAWBONE) Act and explains why it could become one of the most significant free speech reforms in years.
Singleton argues that government “jawboning”—where public officials pressure private businesses to suppress speech they dislike—has become an increasingly common way to sidestep constitutional limits on government censorship. As he explains, “Jawboning is when government officials pressure private companies to violate the First Amendment rights of their customers and/or employees.” While recent court decisions have recognized the constitutional problems with these tactics, victims often have little practical recourse.
The bipartisan legislation, introduced by Senators Ted Cruz and Ron Wyden, would prohibit federal agencies from coercing broadcasters and online platforms into restricting constitutionally protected speech. The bill would also establish a cause of action allowing individuals targeted by government-backed censorship to sue responsible officials, even if the censorship attempt ultimately failed. In addition, it would require agencies to document communications with technology companies regarding content moderation, creating a public record of government requests while protecting legitimately exempt information.
As Singleton concludes, “The JAWBONE Act will restore First Amendment protections to Americans victimized by censorship done by private businesses acting at the request of government officials.” By increasing transparency and holding federal officials accountable for unconstitutional pressure campaigns, the legislation would close a loophole that has allowed government actors to influence speech without directly violating the First Amendment themselves.
Read Norm Singleton’s full RealClearMarkets commentary to learn why Congress should move quickly to advance the JAWBONE Act and strengthen protections for free expression in the digital age.
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