JAWBONE Act

Summary#

This bill adds a new prohibition to the Communications Act that makes it illegal for a Federal agency or an agency employee to "coerce" or try to coerce broadcasters, providers of interactive computer services (online platforms), or providers of artificial intelligence systems to take a "content action." The bill defines coercion and content actions (for example, adding, removing, or altering information, or changing moderation policies). It lists exceptions for lawful investigations and warrants and for agency directions that relate to official agency use.

The bill creates a private right of action so an aggrieved person, including content creators, can sue an agency, officer, or employee in federal court. Courts can award compensatory damages and legal costs and may grant equitable relief. The bill bars punitive damages. It also requires the Department of Justice to offer defense for sued federal employees and the Federal Government to indemnify monetary awards unless the court finds willful and wanton misconduct.

Separately, the bill directs the National Institute of Standards and Technology (NIST) to develop standards and guidelines for logging agency communications with broadcasters, platforms, and AI providers. The Office of Science and Technology Policy (OSTP) must establish a portal that agencies use to transmit "covered communications" at least once every 120 days. OSTP will publish searchable summaries of those communications on a public website (allowing FOIA-based redactions) and provide a complaint process for providers. Inspectors General must audit agency compliance at least every two years.

What it means for you#

• If you run a news outlet, an online platform, or provide an AI system, the bill gives you a federal legal remedy if a Federal agency or employee coerces your service to add, remove, or change content.
• Agencies must record and transmit many of their communications with platforms to a central portal and make summaries public, subject to specified redactions.
• Platform employees can file complaints through the portal; complaints will be sent to the agency Inspector General and certain congressional committee leaders.
• Federal employees sued under this section may be represented by the Department of Justice and the Federal Government generally will pay judgments unless the court finds willful and wanton conduct.

Expenses#

No publicly available information.

Proponents' View#

The bill's findings say that private speech platforms have editorial rights and that agencies can become chokepoints that threaten free speech. Supporters in the text argue it is necessary to limit agency coercion of platforms while still allowing lawful agency communications and the ability of officials to inform and persuade the public. The bill also aims to increase transparency by logging and publishing agency communications with platforms.

Opponents' View#

No publicly available information.