The Trump Lawsuits, the Biden Administration’s Misinformation Advisory and the Thorny First Amendment Problem of Jawboning

For years now, scholars have expressed alarm at the tendency of government officials to use informal means, rather than democratically enacted laws, to pressure the social media companies to take down what they consider to be harmful or offensive speech. The term commonly used to refer to this kind of informal (but often quite effective) practice of government speech suppression is “jawboning.” While by no means unique to the digital public sphere, jawboning has come to be a particularly common tactic of government regulation of the social medi

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