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Cato Daily Podcast

Where Does Speech End and 'Jawboning' Start?

Oct 23, 2023
The podcast explores the concept of 'jawboning' and the blurred line between speech and government coercion. It discusses government pressure on speech platforms, the impact of empty threats made by lawmakers, and the importance of scrutinizing government behavior on speech. The chapter also highlights the need for transparency in government engagement with tech companies.
11:05

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Quick takeaways

  • Jawboning involves secretive government pressure on private sector actors to regulate online speech.
  • Drawing a clear line between acceptable speech and coercive behavior is a challenge in addressing government influence on private sector platforms.

Deep dives

Jaw boning and censorship by proxy in regulating online speech

The podcast discusses the concept of jaw boning, which refers to government exerting pressure on private sector actors to regulate online speech. This form of coercion is often secretive and not public, making it harder to notice. While there are clear cases where coercion is identified as a violation, such as when there are explicit punishments suggested, the line becomes blurry when it comes to strong suggestions without clear repercussions. The ongoing case of Missouri v. Biden questions whether a constant pattern of implicit threats and forceful language from government figures to private sector actors can be considered a violation of the First Amendment.

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