Senators Cruz and Wyden Introduce Bipartisan 'JAWBONE Act' to Combat Government Censorship by Proxy
A new bipartisan bill aims to allow citizens to sue federal officials for monetary damages if they coerce tech platforms, AI companies, or broadcasters into censoring protected speech.
By Wei Zhang
In a rare moment of bipartisan alignment on technology policy, Senators Ted Cruz (R-Texas) and Ron Wyden (D-Ore.) have introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression (JAWBONE) Act.[1]
The legislation targets a practice known as 'jawboning'—a form of indirect censorship where government officials use informal pressure, implicit threats, or regulatory leverage to coerce private companies into censoring speech that the government cannot legally ban itself.[4][5]
At its core, the JAWBONE Act creates a federal cause of action against any government agency or employee that engages in jawboning, regardless of whether their attempt at censorship actually succeeds.[1]
This represents a paradigm shift in First Amendment enforcement. Currently, Americans face significant legal hurdles in proving these violations, as existing civil rights statutes, such as 42 U.S.C. § 1983, generally apply to state and local officials rather than federal employees.[3]
The remedy problem has long frustrated free speech advocates. Under the status quo, plaintiffs who successfully prove government coercion can usually only secure an injunction to prevent future violations. By the time a case navigates the federal court system, the offending official has often left office, rendering the case moot.[1][3]
The JAWBONE Act fundamentally alters this dynamic by allowing plaintiffs to seek monetary damages and reasonable attorney fees. Crucially, if a federal official is found to have acted willfully and wantonly, they could face personal financial liability, creating a powerful deterrent against bureaucratic overreach.[1][4]
Beyond financial penalties, the bill introduces a sweeping transparency mandate. It requires federal agencies to log and submit certain communications with social media companies, artificial intelligence platforms, and broadcasters to a public portal.[5]
This transparency is vital because jawboning thrives in secrecy. Users frequently have their accounts deleted or their posts suppressed by platforms without ever knowing that a government official initiated the action behind the scenes.[4]
The bipartisan nature of the bill stems from the fact that both sides of the political aisle harbor deep grievances regarding recent administrations. Senator Cruz and conservative advocacy groups point to the Biden administration's weaponization of agencies like the Cybersecurity and Infrastructure Security Agency (CISA) to pressure tech platforms over COVID-19 policies and election fraud claims.[1][6]
Conversely, Senator Wyden and civil liberties organizations highlight the Trump administration's actions. They point to instances where the former president threatened the broadcast licenses of cable networks over late-night comedy routines, and pressured app stores to remove specific applications, such as the ICEBlock app used to track immigration enforcement.[1][2]
A notably forward-looking provision of the bill is its explicit inclusion of artificial intelligence companies. As generative AI and chatbots increasingly become the primary interface for public information, lawmakers anticipate that these platforms will be the next major battleground for government pressure over algorithmic moderation.[5]
The legislation has united an unusually broad and ideologically diverse coalition. Prominent civil liberties organizations, including the American Civil Liberties Union (ACLU), the Foundation for Individual Rights and Expression (FIRE), and the Knight First Amendment Institute, have all formally endorsed the bill.[4][5]
On the other side of the political spectrum, conservative and libertarian groups like Americans for Tax Reform and Reason have thrown their weight behind the legislation, arguing that unelected bureaucrats have systematically bullied media companies into doing their 'dirty work.'[3][6]
Legal scholars at the Knight Institute note that government jawboning severely distorts public discourse while evading meaningful judicial review, as the burden of censorship often falls silently on speakers and listeners who are excluded from the digital public square.[5]
To ensure that the government can still perform its essential duties, the bill includes critical carve-outs. Lawful government communications related to criminal investigations, civil law enforcement activities, and actions explicitly authorized by a warrant remain fully protected.[2]
However, the legislation shifts the traditional legal dynamics. In the event of a lawsuit, the burden of proof would fall squarely on the government to demonstrate that one of these specific law enforcement exceptions applied to their communications with a platform.[2]
By shifting the discovery burden and creating a clear path to monetary damages, the JAWBONE Act aims to level the playing field between regular citizens and the vast apparatus of federal agencies.[1][4]
While bipartisan technology legislation often struggles to gain traction, the JAWBONE Act's comprehensive approach to protecting the First Amendment online and on the airwaves marks a significant milestone in the ongoing debate over free speech in the digital age.[3]
Key points
- Senators Ted Cruz and Ron Wyden have introduced the bipartisan JAWBONE Act to combat 'jawboning,' or government censorship by proxy.
- The bill allows citizens and platforms to sue federal agencies and employees for monetary damages if they are coerced into censoring protected speech.
- A new transparency mandate would require the government to publicly log certain communications with social media platforms, AI companies, and broadcasters.
- The legislation has drawn support from a broad coalition, including the ACLU, FIRE, the Knight First Amendment Institute, and Americans for Tax Reform.
What we don’t know
- It remains unclear how courts will interpret the boundary between permissible government persuasion and illegal coercion under the new statutory framework.
- The exact timeline for the bill's progression through the Senate Commerce Committee and whether it can secure enough floor votes in a divided Congress is uncertain.
- How the transparency portal will balance the public's right to know with the operational security of ongoing, non-coercive government communications is yet to be fully defined.
How we got here
2024
The Knight First Amendment Institute launches its 'Jawboning and the First Amendment' research initiative to study informal government censorship.
2024 - 2025
The Supreme Court hears cases like Murthy v. Missouri and NRA v. Vullo, highlighting the legal complexities of government coercion and the First Amendment.
April 2026
The FCC faces scrutiny over requiring Disney-owned ABC stations to submit early license renewal paperwork following administration complaints about late-night comedy.
June 11, 2026
Senators Ted Cruz and Ron Wyden officially introduce the bipartisan JAWBONE Act to combat government censorship by proxy.
- Civil Liberties Advocates
- Argue that jawboning is a pernicious form of indirect censorship that evades judicial review and harms speakers and listeners.
- Conservative Critics
- Focus on bureaucratic overreach and past suppression of right-leaning speech by federal agencies.
- Bipartisan Reformers
- Focus on establishing legal accountability and transparency mechanisms that apply equally to any presidential administration.
Perspectives this story doesn't cover
- Content Moderation Trust & Safety Teams
- State-Level Law Enforcement Agencies
Sources
[1]EngadgetBipartisan ReformersSenators introduce bipartisan bill to fight government censorship
Read on Engadget →
[2]Ars TechnicaBipartisan ReformersTed Cruz and Ron Wyden try to fight censorship with bipartisan JAWBONE Act
Read on Ars Technica →
[3]ReasonConservative CriticsTwo senators offer a bipartisan solution to censorship by proxy
Read on Reason →
[4]FIRECivil Liberties AdvocatesFIRE supports bipartisan JAWBONE Act to stop government censorship
Read on FIRE →
[5]Knight First Amendment InstituteCivil Liberties AdvocatesKnight Institute Endorses Bipartisan Bill to Protect Against Government Jawboning
Read on Knight First Amendment Institute →
[6]Americans for Tax ReformConservative CriticsThe JAWBONE Act Would Finally Make Government Pay for Bullying Companies Into Censorship
Read on Americans for Tax Reform →
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