A new bipartisan bill introduced in the U.S. Senate would allow Americans to sue government officials for damages if they illegally attempt to coerce social media, AI, or broadcasting companies into removing their content. The proposed legislation applies regardless of whether the platform actually complies with the demand.
JAWBONE Act Details
Senate Commerce Committee Chair Ted Cruz (R-TX) and Senator Ron Wyden (D-OR) unveiled the JAWBONE Act on Thursday. In addition to creating a private right of action for individuals, the bill establishes new transparency requirements for government communications with digital platforms and broadcasters.
The measure could empower figures like late-night host Jimmy Kimmel to sue Federal Communications Commission Chair Brendan Carr. Carr had threatened TV stations' broadcast licenses after Kimmel made a joke about the killing of conservative activist Charlie Kirk. Carr has denied that his comments constituted threats.
Lesser-known social media users could also benefit if their posts about medical misinformation or criticism of Kirk were removed or targeted due to alleged government coercion.
Political Context
Cruz first signaled the bill after Carr's remarks about Kimmel, which the senator likened to a scene from the film "Goodfellas." However, Cruz noted that work on the legislation predated that incident. He has repeatedly criticized Biden administration officials for communications with social media companies regarding pandemic-related medical misinformation. That issue became the subject of a Supreme Court case, where the justices ruled that plaintiffs lacked standing due to insufficient evidence of platform moderation based on government coercion.
The bipartisan nature of the bill, along with support from the American Civil Liberties Union (ACLU), the Foundation for Individual Rights and Expression (FIRE), and the Knight First Amendment Institute at Columbia University, could bolster its credibility.
Cruz and Wyden each pointed fingers at the opposing party's administration. Cruz accused the Biden administration of weaponizing the Cybersecurity and Infrastructure Security Agency to pressure Big Tech into "canceling" Americans who spoke out against vaccine mandates and election fraud. Wyden cited former President Trump's threats against cable companies over late-night shows, emphasizing that jawboning is not partisan and is not new.
If passed, the bill could lead to costly legal battles and intensify political conflicts over government influence on content moderation.
