US Senate Panel Advances Bill to Bar Government Pressure on Media Over Speech

The US Senate Commerce Committee has approved legislation aimed at preventing federal officials from pressuring private companies, including media organisations and technology platforms, to censor or suppress protected speech.

The measure, approved 18-10 on Wednesday, would allow individuals to sue federal employees who are found to have coerced or improperly pressured private companies into restricting constitutionally protected expression.

The legislation focuses on what lawmakers describe as government “jawboning” attempts by public officials to influence private companies into taking action against speech without directly ordering them to do so.

Supporters of the bill say government officials should not be able to use regulatory powers, licensing authority or other forms of government leverage to pressure broadcasters, technology companies or other private businesses into suppressing speech.

The issue has become increasingly contentious in Washington, with lawmakers pointing to actions involving both Republican and Democratic administrations.

Among the examples cited in the debate is Federal Communications Commission Chairman Brendan Carr’s criticism of ABC and its parent company, Disney, following comments by late-night host Jimmy Kimmel about conservative activist Charlie Kirk. Carr had threatened consequences involving the licences of ABC’s broadcast stations, prompting concerns among critics about government pressure on media organisations.

Democrats and others have also pointed to allegations involving the Biden administration, claiming that federal officials pressured social-media companies over issues including COVID-19 vaccines and election-related information. Those allegations have been disputed and have been the subject of broader legal and political battles over the limits of government communications with technology platforms.

The proposed legislation has received support from civil-liberties organisations, including the American Civil Liberties Union, which has described the measure as a safeguard against government interference with free expression.

The bill was introduced earlier this year by Senators Ted Cruz, a Republican, and Ron Wyden, a Democrat, as the Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act, commonly known as the JAWBONE Act. The Electronic Frontier Foundation has also backed the legislation.

The Senate committee’s approval is not the final step. The legislation must still receive consideration by the full Senate and House of Representatives before it could reach President Donald Trump for his signature.

The debate comes amid wider tensions in the United States over government regulation of broadcasters and social-media platforms and the constitutional limits on government involvement in private companies’ decisions over speech.