JAWBONE Act

Key Points

• The bill makes it illegal for federal agencies or employees to threaten or pressure tech companies, broadcasters, or AI providers into changing, hiding, or removing lawful speech. It defines "coercion" broadly using eight specific factors, including tone of communication, references to adverse consequences, and whether the pressure led a company to act against its own policies.
• Anyone whose speech is affected by government jawboning can sue the agency or individual employee in federal court. Winners can collect compensatory damages plus attorney fees, though punitive damages are not allowed. The government bears the burden of proving any exception applies.
• The bill requires all federal agencies to log and report their communications with tech platforms, broadcasters, and AI providers to a central portal. These records would be published on a searchable public website, with limited redactions allowed only under existing Freedom of Information Act exemptions.
• Every two years, each agency's Inspector General must audit whether the agency is properly logging and reporting its communications with platforms. Audit findings go directly to congressional oversight committees. The bill also carves out exceptions for lawful law enforcement actions, court-ordered warrants, and communications about child sexual abuse material.
• Tech companies and broadcasters can file complaints through the public portal if they believe a federal employee violated the law. Those complaints are forwarded within 15 days to the relevant Inspector General and to congressional oversight committees, and the bill prohibits retaliation against companies that file complaints.