The following is a summary of the 28th session of the Congressional Study Group on Foreign Relations and National Security, a program for congressional staff focused on critically engaging the legal and policy factors that define the role that Congress plays in various aspects of U.S. foreign relations and national security policy.
On August 11, 2023, the Congressional Study Group on Foreign Relations and National Security convened to discuss the legal and policy implications of “jawboning,” a term used to describe governmental engagements with social media platforms and other media outlets that are aimed at curbing perceived disinformation, but that critics argue cross the line in terms of leveling threats of coercion that interfere with freedom of speech. Recent litigation in the matter of Missouri v. Biden has triggered a heated debate over these activities. The study group convened to expand this discussion beyond the confines of this single case, consider where jawboning may cross constitutional or other legal lines, and identify policy questions it raises for Congress.
The study group was joined by three outside experts who led the discussion:
- Professor Kate Klonick of St. John’s University School of Law;
- Professor Genevieve Lakier of the University of Chicago Law School; and
- Professor Alan Rozenshtein of the University of Minnesota School of Law, who was previously a Justice Department official working on cybersecurity and foreign intelligence issues.
Prior to the discussion session, the study group received the following recommended background readings:
- Genevieve Lakier, “Informal Government Coercion and the Problem of ‘Jawboning,’” Lawfare (July 26, 2021);
- Will Duffield, “Jawboning Against Speech,” Cato Institute (Sept. 12, 2022);
- “A Louisiana Judge’s Dramatic Jawboning Decision,” The Lawfare Podcast (July 12, 2023) (audio recording); and
- Mayze Teitler, “Missouri v. Biden Raises More First Amendment Questions Than It Answers,” The Knight First Amendment Institute at Columbia University (July 19, 2023).
A full synopsis of this session is forthcoming.
Visit the Congressional Study Group on Foreign Relations and National Security landing page to access notes and information on other sessions.
