Free Speech Restrictions.
First Amendment Rights Under Scrutiny with Proposed Limits on Public 'Harshness' and Explicit Speech.
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Senators Ted Cruz (R-TX) and Ron Wyden (D-OR) introduced the JAWBONE Act on June 11, 2026, targeting a growing legal gray zone: when does the government "persuade" a private company — and when does it "coerce" one into silence? Las Vegas Review-Journal called the First Amendment "underperformed," arguing it needs legislative backup, not just court rulings.
The bipartisan bill arrives after the Supreme Court dismissed the key test case on this issue. In June 2024, SCOTUS threw out *Murthy v. Missouri* 6-3 on a technicality — meaning no clear rule yet exists for when government pressure on tech platforms crosses a constitutional line, according to Oyez.
What the JAWBONE Act Would Actually Do
"Jawboning" means government officials using back-channel pressure — emails, calls, regulatory threats — to get private companies to remove content the government cannot legally ban itself. The JAWBONE Act stands for Justice Against Weaponized Bureaucratic Overreach to Networked Expression. Cruz says it would stop "weaponized bureaucratic overreach" targeting protected speech, according to the U.S. Senate Commerce Committee.
The bill would let platforms — and possibly users — sue federal agencies for money damages, not just court orders. It also covers AI companies like OpenAI and traditional TV broadcasters. ACLU Senior Policy Counsel Jenna Leventoff endorsed it, saying it would end the era where "the government has abused its authority to coerce private actors into censoring themselves."
FCC Pressure and Late-Night TV Spark the Push
FCC Chairman Brendan Carr is cited in the bill's background for "repeated attempts to pressure TV networks and broadcasters" over programming seen as unfavorable to the current administration, according to Public Knowledge. The pressure reportedly included threats over broadcast licenses.
Over 40,000 people mobilized in 2025 and 2026 to defend Jimmy Kimmel's free speech rights after FCC scrutiny of his show, the ACLU reported. Wyden, a longtime digital rights champion, co-authored the bill specifically to make such pressure — from either party — transparent and legally actionable.
Supreme Court Draws New Lines on Religion in Schools
On June 27, 2025, the Supreme Court ruled 6-3 in *Mahmoud v. Taylor* that public schools must allow religious opt-outs for lessons using LGBTQ+ storybooks in kindergarten and early grades. Justice Alito wrote the majority, centering it on "the right of parents to direct the religious upbringing of their children," per the ACLU.
Critics say the ruling effectively pulls some children out of shared storytime and "play-based" learning — fragmenting the classroom. ACLU of Maryland argued the decision undermines the school's "ability to prepare students to live in a pluralistic society." Just days later, on June 15, 2026, SCOTUS also declined to hear an Indiana case about anti-abortion flyers at a high school. Justice Alito dissented, saying the Court failed to clarify the line between private and government-controlled speech, according to Courthouse News.
Critics Warn the Bill Could Backfire on Public Safety
Legal scholars worry the JAWBONE Act's private right of action could trigger lawsuits every time a federal official urges a platform to act on public safety. Child safety advocates argue the government *must* pressure tech companies to scan for child sexual abuse material (CSAM). If any contact becomes legally risky, agencies like the FBI or CISA may go quiet, Engadget reported.
The Washington Post noted Cruz and Wyden still disagree on *who* is doing the most censoring — Cruz points to anti-conservative bias, Wyden to Trump-era broadcaster pressure. The Cato Institute calls the bill a direct answer to the "legal vacuum" left by the *Murthy* dismissal, but warns it must be written tightly to avoid chilling legitimate law enforcement outreach.
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