Senators introduce bipartisan bill to fight government censorship

But they didn’t miss the chance to argue over who’s censoring who.

Senators Ted Cruz (R-Texas) and Ron Wyden (D-Ore.) have introduced a bipartisan bill that they said will "hold the government accountable for censorship and violations of the First Amendment." They're calling it the Justice Against Weaponized Bureaucratic Overreach to Networked Expression (JAWBONE) Act. They named it after jawboning, an act wherein the government attempts to persuade or pressure private companies into changing their moderation policies or to censor speech.

"Americans face significant hurdles in proving these violations," the senators said in their announcement. The JAWBONE Act, if it becomes a law, would "create a cause of action against any government agency or employee," even if it's just an unsuccessful attempt at censorship, and would allow plaintiffs to seek monetary damages. Under current laws, plaintiffs can only ask for injunction to prevent future violations. Government agencies would also be required to hand over certain communications with companies involved in complaints "ensure greater accountability and transparency within the federal government."

While the bill is bipartisan, the senators didn't miss the chance to argue over who's actually censoring who. In his statement, Senator Cruz attacked the Biden administration, which he accused of weaponizing "the Cybersecurity and Infrastructure Security Agency to pressure Big Tech into 'canceling' Americans who spoke out against vaccine mandates and election fraud."

Senator Wyden, however, said the most blatant example of jawboning is "Trump threatening cable companies because he doesn't like their late-night shows." A spokesperson for Wyden told Ars Technica that the bill would also apply to the Trump administration putting pressure on app stores to take down certain applications, like what it did with ICEBlock. The creator of the app, which allows users to pin ICE agents' location on a map, is suing the government over "unlawful threats" that led to the app's removal from stores.

Wyden added that the act of jawboning isn't partisan and promised that the bill would provide Americans with the ability to file lawsuits if the government "illegally coerces censorship." Likewise, Senator Cruz said the bill would ensure "the First Amendment is protected, not undermined."