But they did not miss the opportunity to debate who is censoring who.
Senators Ted Cruz (Republican of Texas) and Ron Wyden (Democrat of Oregon) introduced a bipartisan bill that they say will “hold the government accountable for censorship and violations of the First Amendment.” They call it the JAWBONE (Justice Against Weaponized Bureaucratic Overreach to Networked Expression) Act. They named it in reference to jawboning, an act by which the government attempts to persuade or pressure private companies to change their moderation policies or to censor speech.
“Americans face significant obstacles in proving these violations,” the senators said in their statement. The JAWBONE Act, if it becomes law, would “create a cause of action against any government agency or employee,” even if it is only a failed attempt at censorship, and would allow plaintiffs to seek damages. Under current law, plaintiffs can only seek an injunction to prevent future violations. Government agencies would also be required to forward certain communications with companies involved in complaints “to ensure greater accountability and transparency within the federal government.”
Although the bill is bipartisan, senators did not miss the opportunity to debate who is really censoring who. In his statement, Senator Cruz attacked the Biden administration, which he accused of using “the Cybersecurity and Infrastructure Security Agency to pressure big tech into ‘cancelling’ Americans who have spoken out against vaccine mandates and election fraud.”
Senator Wyden, however, said the most egregious example of aggression is “Trump threatening cable companies because he doesn’t like their late night shows.” A Wyden spokesperson said Ars Technica that the bill would also apply to the Trump administration’s pressure on app stores to remove certain apps, like what it did with ICEBlock. The creator of the app, which allows users to locate ICE agents on a map, is suing the government for “illegal threats” that led to the app’s removal from stores.
Wyden added that the act of mocking is nonpartisan and promised that the bill would give Americans the ability to sue if the government “illegally compels censorship.” Likewise, Senator Cruz said the bill would ensure that “the First Amendment is protected, not undermined.”
