WASHINGTON, D.C. — Senate Commerce Chairman Ted Cruz and Sen. Ron Wyden unveiled legislation on Thursday to prohibit government agencies from coercing or influencing content decisions on social media platforms, artificial intelligence systems, or broadcasters. The proposed bill would establish non-punitive monetary damages for individuals or platforms.
The legislation includes exceptions for investigations into state or federal law violations, warrant-authorized actions, and directions related to a federal agency's official use of a platform. In legal proceedings under the bill, the government would bear the burden of proving that an exception applies. The bill also requires the government to defend employees in potential legal cases if the employees request a defense.
Cruz stated, "The Biden administration had weaponized the Homeland Security Department's Cybersecurity and Infrastructure Security Agency, or CISA, in its interactions with tech companies." He said, "Holding the government accountable and giving Americans the tools to fight back is essential. The JAWBONE Act ensures the First Amendment is protected, not undermined." The legislation establishes a reporting portal for government communications regarding platform content decisions. The White House Office of Science and Technology Policy would be tasked with establishing this portal for federal agencies to submit records of communications with social media platforms, AI providers, or broadcasters.
Wyden commented, "Jawboning isn't partisan, and it isn't new." He said, "Nearly all of Americans' speech – including TV news, online streams and social media — flows through private corporations that are highly susceptible to government pressure. Regular Americans can't count on those companies to stand up to government jawboning, they need a way to level the playing field." The bill directs courts to consider the tone of a communication, referring to potential adverse consequences and the regulatory relationship between the platform and the government employee.
During the Biden administration, efforts occurred to remove certain social media posts regarding COVID-19 and the 2020 election. During the Trump administration, pressure was applied to television broadcasters regarding content decisions. The government would indemnify employees for monetary verdicts unless the employee acted in a willful and wanton manner. The ACLU and the Foundation for Individual Rights and Expression, along with eight other organizations, endorsed the bill. Executives from Meta and Google offered qualified support for anti-jawboning legislation during the second hearing. The Commerce Committee held two hearings on government jawboning.