Ugarte, Ramiro Álvarez Author aut Text xx# 2023 Verfassungsblog 2023-10-12 eng

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On September 8th, the Fifth Circuit Court of Appeals of the United States partially upheld a decision that found several public officials had coerced social media companies into censoring speech protected by the First Amendment. Americans call this area of the law jawboning, in reference to the jawbone that is moved when we talk, which is the mechanism through which pressures of these sorts are exerted. It is an extremely complex area of law, in part because distinguishing when public officials cross that fuzzy legal line depends on assessing the nature actions that happen in private settings in light of vague and ambiguous criteria. In this piece, I explain why the occurrence of jawboning might be an inevitable feature of modern administrative governance, and outline both the unique challenge that underpins any attempt to legally regulate it as well as the urgency of doing so.   CC BY-SA 4.0 Ugarte, Ramiro Álvarez administrative governance administrative state content regulation jawboning Regulation 342 https://verfassungsblog.de/ruling-by-bullying/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/79a4d763d29a6ea7 231012 10.59704/79a4d763d29a6ea7 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)