New Bill Targets Government Coercion of Online Speech

• The JAWBONE Act, introduced by Senators Ted Cruz and Ron Wyden, aims to penalize government officials who coerce private companies into censoring lawful speech.
• The legislation establishes a federal cause of action for individuals affected by such coercion and mandates a transparency system for government communications with platforms.
• EFF supports the bill, emphasizing the need to protect against "jawboning," where officials pressure tech firms to delete content or ban users.

Core Provisions and Goals

• The bill targets coercion directed at broadcasters, interactive computer services, and AI providers.
• It provides a new legal pathway for victims to sue the government in federal court, supplementing existing First Amendment protections.
• A key objective is to distinguish between unconstitutional coercion and legitimate, good-faith information-sharing between the government and private entities.

Case Study: ICEBlock

• EFF is currently representing Joshua Aaron, creator of the ICEBlock app, which allowed users to report local immigration enforcement activities.
• In June 2025, federal officials threatened Aaron with investigation and prosecution.
• By October 2025, the U.S. Attorney General pressured Apple to remove ICEBlock from its App Store, leading to the app's removal.
• EFF has filed a Freedom of Information Act (FOIA) lawsuit to uncover communications between the government and major platforms like Apple, Google, and Meta regarding the removal of such content.

Platform Autonomy

• EFF maintains that private companies possess their own First Amendment rights to curate and moderate user content, as affirmed in recent Supreme Court "Netchoice" decisions.
• The organization argues that defending this editorial independence is essential to prevent governments from dictating platform policy and controlling online discourse.