In this column, I warn that government “jawboning”—government pressure on media or platforms to suppress speech—poses a serious threat to free expression. I discuss bipartisan legislative efforts led by Senator Ted Cruz to create legal remedies for individuals harmed by such pressure, emphasizing that free speech protections must apply evenly across political lines. I trace jawboning back to historical examples and show how recent actions, including alleged pressure related to social media content moderation and media programming decisions, mirror past attempts to influence speech without clear legal redress. I argue that any legislation addressing jawboning must carefully balance liability, qualified immunity, and legitimate government interests while preserving robust First Amendment protections.
