Preliminary Injunction Limiting Government Communications with Platforms Tackles Illegal “Jawboning,” But Fails to Provide Guidance on What’s Unconstitutional

A July 4 preliminary injunction issued by a federal judge in Louisiana limiting government contacts with social media platforms deals with government “jawboning”—urging private persons and entities to censor another’s speech—a serious issue deserving serious attention and judicial scrutiny.

The First Amendment forbids the government from coercing a private entity to censor, whether the coercion is direct or subtle. This has been an important principle in countering efforts to threaten and  pressure intermediaries like bookstores and credit card processors to …