A Bipartisan Effort to Stop Government Bullying of the Media

Ted Cruz and Ron Wyden have joined forces on a bill that would let Americans sue officials accused of pressuring media to suppress protected speech.

Sens. Ted Cruz and Ron Wyden don’t agree on much. But they do agree that government officials shouldn’t be able to pressure private companies into suppressing speech.

The two senators have introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act — better known as the JAWBONE Act. The bill would create new legal remedies for people who believe government agencies or employees tried to coerce companies into censoring protected speech.

Under the proposal, people could sue government officials for so-called “jawboning” even if the effort to suppress speech ultimately failed. Plaintiffs could seek monetary damages and attorney fees. The bill would also require agencies, including Brendan Carr’s FCC, to provide Congress with certain communications involving requests to remove or restrict speech.

Cruz and Wyden come at the issue from different directions.

Republican Ted Cruz, playing to his base, argues the Biden administration pressured social media companies to silence people questioning vaccine mandates and election integrity. Democrat Ron Wyden argues the Trump administration has used government power to pressure television networks and media companies over programming and editorial decisions.

And you might recall that Cruz publicly defended Jimmy Kimmel against government pressure last year, despite being no fan of the late-night host.

“Jawboning isn’t partisan, and it isn’t new,” Wyden said. “The JAWBONE Act would provide Americans with the ability to sue when the government illegally coerces censorship and create transparency around government requests to censor speech.”

The term “jawboning” refers to government officials using pressure, threats, or regulatory leverage to push private companies into restricting speech that would otherwise be protected by the First Amendment. Supporters of the bill say those cases can be difficult to prove because communications often happen behind closed doors, and lawsuits can become moot when administrations change or officials leave office.

That may be getting harder for government officials to hide. These pressure campaigns are playing out in public more and more, with politicians and regulators making their demands in front of cameras, in press releases, and on social media.

I’d argue that it’s been blatant. You can see it plain as day in Trump’s social media feed.

The bill would apply to efforts aimed at broadcasters, social media platforms, AI companies, and other communications services. Supporters say it would give Americans a clearer path to challenge government pressure campaigns and hold officials accountable.

“Holding the government accountable and giving Americans the tools to fight back is essential,” Cruz said. “The JAWBONE Act ensures the First Amendment is protected, not undermined.”

If the bill passes, I highly doubt President Trump will sign it. He’s been quite gleeful on social media about the end of Stephen Colbert’s show — taking personal credit for getting Colbert off the air — and often takes aim at Jimmy Kimmel. Not to mention his frequent attacks on journalists and news organizations, including outlets that generally support him when he decides they haven’t been sufficiently loyal.

And passing Congress is no sure thing.

But if it somehow becomes law, things could get interesting.

If media companies, broadcasters, or even former employees believe government officials crossed the line from criticism into coercion, they’ll have a new legal tool available to test that claim in court.

And I’d watch every minute of those hearings.

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