A new bill takes aim at government pressure to silence lawful online speech

283 points · 129 comments on HN · read original →

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The JAWBONE Act would let individuals sue federal officials who pressure platforms to remove lawful speech.

The JAWBONE Act (Justice Against Weaponized Bureaucratic Overreach to Networked Expression), introduced by Senators Cruz and Wyden, creates a federal cause of action against government officials who coerce broadcasters, interactive computer services, or AI providers into removing First-Amendment-protected speech. It also establishes transparency for government communications with intermediaries about user expression. The EFF supports the bill, noting its ongoing case representing Joshua Aaron, creator of ICEBlock, after federal officials threatened prosecution and pressured Apple to remove the app. The EFF emphasizes that private platforms have their own First Amendment rights to moderate content.

What commenters are saying

Commenters largely agree that government jawboning is a threat to free speech, though some accuse others of hypocrisy depending on which party is in power. Several note the bill is bipartisan (Cruz and Wyden) and point to the Murthy v. Missouri Supreme Court case, which failed on standing rather than merits. One commenter argues that legitimate government requests are not coercive, while another lists speech not protected by the First Amendment (e.g., swatting, doxxing, libel). A few dispute whether current online speech is more free than under the previous administration.