Jawboning
The First Amendment imposes stringent constraints on the government’s power to regulate speech, but the question of when the First Amendment prohibits jawboning—informal government efforts to persuade, cajole, or strong-arm private platforms to change their content-moderation practices—warrants more attention than it’s received thus far. Some forms of jawboning are probably best understood as a legitimate aspect of governance. Others are probably best understood as illegitimate, and possibly unconstitutional, efforts to manipulate or censor public discourse.
This blog channel highlights the Institute’s ongoing research and education efforts related to jawboning.
-
Deep Dive: Jawboning
Jawboning in 2025
When the new administration starts—led either by President Biden or President Trump—what will the state of jawboning be?
By Matt Perault -
Deep Dive: Jawboning
Murthy v. Missouri, Government Jawboning, and Our Collective Disinformation Problem
Bad facts make no law? Not much progress toward solving the First Amendment puzzle that jawboning presents
By Enrique Armijo & Derek Bambauer -
-
Deep Dive: Jawboning
Doctrinal Disarray
Amicus briefs in Murthy v. Missouri and NRA v. Vullo reveal how divided legal commentators are on jawboning questions
By Mayze Teitler -
-
Deep Dive: Jawboning
Trust the Process
Could jawboning process solve jawboning problems?
By Matt Perault -
Deep Dive: Jawboning
In Jawboning Cases, There’s No Getting Away from Contextual Analysis
The onus should be on the government to respect social media users’ First Amendment rights
By David Greene -
Deep Dive: Jawboning
Be Careful What You Ask For
Five reflections on the role of the courts and the First Amendment in jawboning
By Derek Bambauer -
Deep Dive: Jawboning
Toward a Jawboning Transparency Act
A proposed bill requiring government officials disclose their communications with social media platforms
By Will Duffield -
Deep Dive: Jawboning
Jawboning in the Era of New Governance
The increasing privatization of governance makes jawboning even more complicated.
By Hannah Bloch-Wehba
Research
Essays and Scholarship
Free Speech, Identity, and Power
Observations on the state of free speech from a longtime free speech advocate.
Learn MoreLitigation
Lawsuit
The Foundation for Global Political Exchange v. Department of the Treasury
A case challenging OFAC’s suppression of the exchange of political ideas
Learn MoreResearch
Deep Dive
Jawboning in 2025
When the new administration starts—led either by President Biden or President Trump—what will the state of jawboning be?
Learn MoreLitigation
Deep Dive
In a victory for free speech, lawsuit challenging mail digitization in jails will move forward
Case brought by incarcerated people and their loved ones in San Mateo, California
Learn More