The bill that would let Jimmy Kimmel sue Brendan Carr is here

The JAWBONE Act, introduced by Senators Ted Cruz and Ron Wyden, creates a private right of action against government officials who illegally coerce social media, AI, or broadcasting platforms to remove content. Users could pursue damages even if the platform declines the government's request.

The bill targets what critics call "censorship by proxy," where officials pressure companies to suppress speech without formal legal processes. This addresses a growing concern raised by civil liberties groups and conservative lawmakers who argue government agencies have overstepped by demanding content takedowns from Meta, YouTube, TikTok, and others.

The bipartisan structure signals broad frustration with executive overreach. Wyden has long championed digital rights and Section 230 protections, while Cruz has criticized what he views as collusion between tech companies and federal agencies. The bill does not require actual removal to create liability, shifting the burden to government actors who initiate coercive requests.

The legislation includes no carve-outs for national security or public health emergencies, which could trigger debate during committee hearings. Tech platforms themselves face no liability under the bill, only government officials. Users suing would need to prove illegal coercion occurred, setting a factual standard that courts will ultimately define.

This proposal emerges as the Supreme Court examines related First Amendment questions in Murthy v. Missouri, where justices questioned whether some federal requests crossed into unconstitutional pressure. The JAWBONE Act essentially codifies that concern into statutory damages.

The bill's success depends on House passage and avoiding presidential veto. Implementation requires courts to distinguish between legitimate government persuasion and illegal coercion, a distinction that lacks clear legal precedent. The legislation could reshape how agencies interact with platforms on content moderation, forcing more transparent, formal processes rather than informal pressure campaigns.