JAWBONE Act
- Bill Number
- S. 4749
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Science, Technology, Communications
- Status
- Introduced
- Latest Action
- 2026-06-11: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2026-06-29T06:12:05Z
AI-Generated Summary
Purpose of the Legislation This bill, titled the Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act (JAWBONE Act), amends the Communications Act of 1934 to prohibit federal agencies and employees from coercing certain private entities into altering or moderating content. It establishes transparency requirements for government communications with these entities and creates mechanisms for accountability. The overall goal is to protect independent editorial decisions while allowing lawful government interactions.
Key Provisions Outlined
- Prohibition on Jawboning (Section 3): Adds Section 723 to the Communications Act, making it unlawful for agencies or employees to coerce broadcasters, interactive computer service providers (such as online platforms), or artificial intelligence system providers to take "content actions." Content actions include adding, altering, removing, or limiting information, or changing moderation policies.
- Defines "coerce" based on factors like tone, regulatory authority, references to consequences, and whether the communication led to actions against the recipient's policies.
- Provides exceptions for lawful law enforcement investigations, court warrants, or official use of the services. The government bears the burden of proving an exception applies.
- Private Right of Action: Allows aggrieved persons (including content providers) to sue in federal district court for compensatory damages, attorney fees, and equitable relief. Punitive damages are prohibited. Includes limited pre-trial discovery options and rules on immunity and employee defense.
- State Enforcement: Permits state attorneys general to bring actions on behalf of residents.
- Logging and Transparency (Sections 4–5): Requires the National Institute of Standards and Technology (NIST) to develop standards for logging "covered communications" (government contacts about content moderation or expression). Establishes a public portal through the Office of Science and Technology Policy for reporting and displaying these communications, with redactions allowed under Freedom of Information Act exemptions. Includes a complaint process for providers and biennial audits by inspectors general.
- Severability (Section 6): Ensures that if any part is invalidated, the rest remains in effect.
Significant Changes to Existing Law Introduced
- Creates a new federal civil cause of action specifically targeting government "jawboning" of speech intermediaries, which did not previously exist in this form.
- Mandates systematic logging and periodic public disclosure of government communications with broadcasters, platforms, and AI providers, shifting from voluntary or ad hoc practices to required standards and a centralized portal.
- Imposes mandatory Department of Justice defense and federal indemnification for employees sued in their individual capacity, with limited exceptions for willful conduct.
- Introduces specific factors for courts to evaluate coercion and places the burden of proof on the government for exceptions.
Potential Impacts on Government Agencies, Citizens, or International Relations
- Government Agencies: Agencies must adopt new logging standards, transmit communications to a public portal every 120 days, and face audits; this increases administrative burdens and exposes officials to civil suits.
- Citizens: Enhances transparency into government-platform interactions and provides a direct avenue for individuals to seek remedies for alleged coercion, potentially strengthening access to unfiltered information.
- International Relations: No direct provisions address foreign entities, but the rules apply to U.S.-based operations and could indirectly influence how platforms handle cross-border speech or government requests from other nations.
Main Stakeholders Affected
- Federal agencies and their officers/employees (subject to prohibitions, logging, and lawsuits).
- Broadcasters, interactive computer service providers, and artificial intelligence system providers (protected from coercion but required to log communications and able to file complaints).
- Information content providers and the public (granted private rights of action and access to the transparency portal).
- State attorneys general (empowered to enforce via parens patriae actions).
- NIST, the Office of Science and Technology Policy, and inspectors general (tasked with developing standards, managing the portal, and conducting audits).
Notable Legal, Constitutional, or Political Implications
- Directly engages First Amendment principles by aiming to prevent government from indirectly regulating speech through private intermediaries while preserving the government's ability to communicate its views.
- Establishes a framework where courts review coercion claims de novo on legal questions and interpret constitutional provisions without deference to agency interpretations in some contexts.
- Includes safeguards like no immunity for subjective beliefs about speech protection and limited discovery to balance litigation access with government defenses.
- The bipartisan introduction (by Senators Cruz and Wyden) and focus on both enforcement exceptions and transparency reflect an effort to balance free expression concerns with legitimate government functions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-06-11: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2026-06-11: Introduced in Senate
Bill Versions
- Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act — issued 2026-06-11 — PDF (28 pages)