Senators Ted Cruz and Ron Wyden unveiled the Justice Against Weaponized Bureaucratic Overreach to Networked Expression, or JAWBONE Act, a bipartisan bill creating federal legal remedies against government officials who pressure companies to censor protected speech. The legislation establishes transparency requirements for government communications with platforms about user expression and provides a new cause of action for victims of such coercion.

The bill responds to documented cases of government pressure on private companies. EFF recently represented Joshua Aaron, creator of ICEBlock, an app reporting immigration enforcement activity. After high-ranking officials threatened prosecution in 2025, the Department of Justice compelled Apple to remove the app from its store, violating Aaron's First Amendment rights. EFF filed a FOIA lawsuit seeking disclosure of government communications with Apple, Google, and Meta.

Jawboning occurs when government pressures private companies to censor First Amendment-protected speech, often invisibly to the public. The legislation would create federal court remedies beyond existing constitutional protections. However, EFF notes that platforms retain their own First Amendment rights to moderate user content and are not state actors obligated to host all speech.

The bill balances protecting user expression against legitimate government engagement with platforms. EFF emphasizes that not all government communication constitutes unconstitutional coercion, and platforms must remain free to curate their services. The organization applauds the bipartisan effort while advocating for proper statutory safeguards.