Jawboning
Gary Waters

Blog

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.

Research

Institute Update

Call for Participation: "Regardless of Frontiers: The First Amendment and the Exchange of Ideas Across Borders"

Symposium to be held at Columbia University and online on October 18, 2024

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Litigation

Lawsuit

The Foundation for Global Political Exchange v. Department of the Treasury

A case challenging OFAC’s suppression of the exchange of political ideas

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Research

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?

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Litigation

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

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