Senators Ted Cruz and Ron Wyden introduced the bipartisan JAWBONE Act, aimed at holding the government accountable for alleged First Amendment violations through “jawboning,” including attempts to pressure platforms into moderating or removing speech. The bill
For Americans who believe the government has pushed tech companies to quiet certain voices. the fight often starts with something they can’t easily prove: intent. Senators Ted Cruz and Ron Wyden want to change that—by giving people a way to sue when federal pressure leads to censorship. even when that pressure doesn’t succeed.
Cruz and Wyden introduced a bipartisan bill called the Justice Against Weaponized Bureaucratic Overreach to Networked Expression (JAWBONE) Act. The senators say it would “hold the government accountable for censorship and violations of the First Amendment.” They also chose the name for a reason: “jawboning” describes a pattern where the government tries to persuade or pressure private companies into changing their moderation policies or censoring speech.
The bill’s central shift is legal. If it becomes law. it would “create a cause of action against any government agency or employee. ” including instances where the government’s effort to censor is unsuccessful. Plaintiffs could seek monetary damages. Under current laws, plaintiffs can only ask for an injunction meant to prevent future violations, not compensation after the fact.
There’s also a transparency piece. Government agencies would be required to hand over certain communications with companies involved in complaints, a step the senators say is meant to improve accountability and transparency within the federal government.
The bill is bipartisan, but the speeches carried a familiar edge: each senator pointed to the other side’s example of jawboning.
Senator Cruz, in his statement, attacked the Biden administration. He accused it of weaponizing the Cybersecurity and Infrastructure Security Agency to pressure Big Tech into “canceling” Americans who spoke out against vaccine mandates and election fraud.
Senator Wyden drew his own contrast. He said the most blatant example of jawboning is Trump threatening cable companies because he doesn’t like their late-night shows.
A Wyden spokesperson also told Ars Technica that the bill would apply to the Trump administration pressuring app stores to take down certain applications. including ICEBlock. Wyden’s team tied the policy debate to a concrete dispute: the creator of ICEBlock—an app that allows users to pin ICE agents’ location on a map—is suing the government over “unlawful threats” that led to the app’s removal from stores.
Wyden added that jawboning isn’t partisan and promised that the bill would give Americans the ability to file lawsuits if the government “illegally coerces censorship.” Cruz, for his part, said the bill would ensure the “First Amendment is protected, not undermined.”
The bill’s fight, then, isn’t just about the law. It’s about what counts as censorship—and how far the government can lean on private platforms before the First Amendment becomes a promise with teeth.
JAWBONE Act Ted Cruz Ron Wyden censorship First Amendment jawboning Big Tech government pressure Cybersecurity and Infrastructure Security Agency ICEBlock app stores lawsuits monetary damages transparency