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.
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Deep Dive: Jawboning
A Small Step Towards Ending Jawboning and a Big Need for Disclosure
An analysis of the Supreme Court's Murthy v. Missouri decision
By Will Duffield -
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 -
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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 -
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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
Event
Event
The Science of Chilling Effects
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Research
Essay Series
Jawboning and the First Amendment
A research initiative studying governmental efforts to pressure social media platforms to change their content moderation policies and practices
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Essays and Scholarship
AI Agents and Democratic Resilience
How AI agents might affect the realization of democratic values
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Podcast
"The Bully's Pulpit: Trump v. The First Amendment"
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