WASHINGTON, D.C. – In his opening statement at today’s Senate Commerce Committee hearing titled “Shut Your App: How Uncle Sam Jawboned Big Tech Into Silencing Americans, Part II,” Chairman Ted Cruz (R-Texas) underscored the need for legislation to protect Americans from censorship in light of revelations that Biden White House officials successfully pressured Big Tech into deplatforming Americans online. He will emphasize that tech companies were silent when facing government bullying and press representatives of Google and Meta on their roles in censoring and demonetizing accounts.

Last month, Sen. Cruz released a report detailing how the Biden administration weaponized the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency to pressure social media companies into policing protected speech under the guise of “safety” and “national security” interests. The following week, he convened a hearing in which two witnesses revealed how they were nearly financially ruined because of the Biden administration’s censorship campaign.

As part of his Legislative Framework for American Leadership in Artificial Intelligence, Sen. Cruz announced plans to introduce the Justice Against Weaponized Bureaucratic Outreach to Network Expression (JAWBONE) Act. The legislation aims to address government jawboning and protect Americans’ First Amendment right.

Here are Sen. Cruz’s remarks as prepared for delivery:

“In 1984, George Orwell chillingly explored how the control of speech is the control of the mind.  In describing this world, Orwell powerfully demonstrated how an authoritarian government can suppress the ability of a person to speak, dissent, and think in order to control its people. 

“Long before Orwell, our Founding Fathers recognized this threat.  After witnessing a long train of abuses and usurpations by the British crown, including the suppression of speech and thought, fifty-six men signed the Declaration of Independence—speaking out in defense of man’s natural rights and beginning the formation of a new, free nation built upon one’s ability to speak and dissent against the government.

“The American Founders knew all too well that being unable to speak out against government encroachment of your rights ensures the loss of those rights.

“The right to ‘speak out’ is the foundation of a free society.  It gives everyone—whether a senator or a citizen, a contrarian or a comedian—the power to persuade and to hold government accountable.

“And that’s why we need to defend and protect the most powerful weapon we have against the government’s ability to censor its own citizens: the First Amendment.

“Censorship around the world is growing.  Even allies like the United Kingdom are making arrests for so-called “offensive” speech, like criticism of open borders and peaceful prayer near abortion clinics.

“President Reagan was right when he declared that freedom is never more than one generation away from extinction.  Here in the United States, we must uphold free speech and zealously guard against censorship.

“Earlier this month, I convened a hearing to examine how our own government, particularly the Cybersecurity and Infrastructure Security Agency, censored in secret, often through third parties.  CISA and White House officials ‘jawboned’ Big Tech into deleting tweets, downranking posts, and deplatforming conservatives under the guise of ‘safety’ and ‘national security.’

“We heard the stories of Alex Berenson and Sean Davis, who were personally targeted by Biden administration apparatchiks for opinions and facts they shared on COVID and election fraud.  They not only suffered significant financial loss, but more importantly, they were silenced by their own government.

“Today, we pick up where the story left off with witnesses from two Big Tech companies that were pressured by Biden administration officials to censor the American people: Google and Meta.

“Today, these same companies claim to zealously advocate for free speech.  While I welcome their newfound religious conversion, they owe apologies to Alex Berenson, Sean Davis, and the countless Americans they silenced at the Biden administration’s behest.

“No major tech company, let alone the ones before us, publicly spoke out when this was happening.  Despite armies of lobbyists and legal resources, Big Tech was speechless when the Biden White House bullied them into censoring regular citizens.  Neither Big Tech nor my Democrat colleagues spoke up.  They seemed quite content to follow the example of the UK, criminalizing speech that others find offensive under the guise of ‘misinformation.’

“But the fact is the government cannot be the arbiter of truth.  You don’t get to decide free speech protections are available only to favored or popular speech.  It’s not up to bureaucrats and politicians to decide which speech is ‘reasonable’ and which is ‘hateful,’ and then only accepting that speech they find to be socially acceptable and inoffensive. You don’t get to cancel someone for using the wrong pronouns or challenging conventional wisdom on vaccines.

“No, our commitment to free speech under the rule of law means protecting the speech that some people find ‘unreasonable,’ ‘offensive,’ and indeed, ‘hateful.’

“So, what does that mean in practice?  Alex Berenson and Sean Davis can prove the Biden administration was behind their online censorship, yes, but they face significant legal obstacles in recouping their losses.

“Their stories—and countless others like them—have revealed dangerous gaps in our legal protections for free speech.  It cannot be that their First Amendment rights go unremedied merely because the violators are no longer in office or because Congress has withheld a damages remedy.  This collusion between Big Government and Big Tech is a warning that we need stronger tools to guard our cherished freedoms.

“That’s why I will soon introduce new legislation, the JAWBONE Act, which will provide a robust right to redress when Americans are targeted by their own government.  I am hopeful that today’s hearing will reflect bipartisan interest in protecting free speech and finding common ground on measures like this one.

“We cannot remain idle in the face of government agencies manipulating private companies into silencing their critics.  We must act decisively to uphold the First Amendment, to protect open debate, and to defend every American’s right to speak freely—without fear of government reprisal.”

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