Sens Cruz, Wyden Introduce Legislation to Guard First Amendment Speech Rights Against Government Jawboning

Senate Commerce Committee Chairman Ted Cruz (R-TX) and Sen Ron Wyden (D-OR) introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act Act, legislation to hold the government accountable for censorship and violations of the First Amendment. Jawboning occurs when the government pressures private companies to censor speech protected by the First Amendment. Americans face significant hurdles in proving these violations. Cases are dismissed when officials leave office or administrations change. Uncovering private communications between government officials and companies is difficult. Evidentiary and doctrinal hurdles preclude remedies even in cases where the government clearly bullied companies into censoring speech. The JAWBONE Act would create a cause of action against any government agency or employee that engages in jawboning, regardless of whether the censorship succeeds, and allow plaintiffs to seek monetary damages. It would also require agencies to submit to Congress certain communications with companies, ultimately strengthening oversight and accountability.