Jawboning

Court Finds Government Likely Violated First Amendment by Pressuring Tech Giants

In *Rosado v. Bondi*, a federal court has determined that plaintiffs have standing to challenge government actions that allegedly led to the removal of their platforms for sharing information about ICE activity. The court found that the plaintiffs’ injuries were likely traceable to government coercion of social media companies, not to independent decisions by those companies. This conclusion was based on evidence that the platforms had previously met content standards, changed their positions immediately after government contact, and that government officials publicly claimed credit for the removals. The court further held that the government’s actions likely violated the First Amendment by attempting to coerce private parties to suppress disfavored speech, citing public statements that conveyed threats of adverse government action.

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Legal Experts: Pressure on Kimmel May Violate First Amendment via Illegal “Jawboning”

Legal experts are expressing concerns that the Trump administration, through the FCC, may have pressured ABC into dropping Jimmy Kimmel’s show, potentially constituting illegal “jawboning” and censorship. The situation arose after Kimmel made critical remarks about the suspect in the Charlie Kirk killing. FCC Chairman Brendan Carr appeared to threaten legal action against the network and was thanked by Carr for the decision. This is seen as a potential First Amendment violation, with experts like Alex Abdo of the Knight First Amendment Institute at Columbia University, claiming a direct link between government actions and the suppression of speech.

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