Cruz and Wyden Introduce JAWBONE Act to Combat Censorship

US Senators Ted Cruz (R-Texas) and Ron Wyden (D-Ore.) today introduced the JAWBONE Act, a proposed law that could fuel lawsuits against federal officials who try to coerce broadcasters or tech platforms into restricting speech. The Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act would prohibit federal agencies and employees from coercing or trying to coerce broadcasters and providers of online services or AI services into changing content. The bill could apply to Federal Communications Commission Chairman Brendan Carr's repeated attempts to pressure TV networks and broadcasters, or government pressure imposed on social media firms and AI chatbot makers.

The bill would create a private right of action for victims of "jawboning," letting people recover compensatory damages in court. Individuals whose speech is stifled could bring cases against government officials, and the proposed law could be enforced by state attorneys general through civil actions. Why this matters: The JAWBONE Act represents a significant effort by lawmakers to safeguard free speech in the digital age.

If passed, this legislation could have far-reaching implications for the relationship between government agencies and technology platforms. For developers and businesses, the bill could mean greater protection against government overreach, allowing them to operate with more freedom and creativity. For consumers, it could ensure that online platforms remain open and diverse, providing a wider range of voices and perspectives.

However, questions remain about how the bill would be enforced and what specific scenarios would be considered "coercion" under the law. As the digital landscape continues to evolve, the JAWBONE Act's impact on the intersection of technology, government, and free speech will be closely watched.