"Jawboning refers to a type of informal coercion where government officials try to pressure private entities into suppressing or changing speech without using any actual formal legal action. Since jawboning is typically done in letters and private meetings, it rarely leaves a paper trail, making it notoriously difficult to challenge in court. This Kimmel suspension is a little different, Lakier says. During the podcast appearance, Carr explicitly named his target, threatened regulatory action, and within a matter of hours the companies complied."
"Even if Carr's threats amount to unconstitutional jawboning, though, stopping him could still prove difficult. If ABC sued, it would need to prove coercion-and however a suit went, filing one could risk additional regulatory retaliation down the line. If Kimmel were to sue, there's no promise that he would get anything out of the suit even if he won, says Lakier, making it less likely for him to pursue legal action in the first place."
Jawboning is an informal coercion technique where government officials pressure private entities to suppress or change speech without formal legal action, often leaving no paper trail and making legal challenges difficult. In the Kimmel case, Carr publicly named a target and threatened regulatory action during a podcast, prompting companies to comply within hours. The Supreme Court has held that direct governmental threats of this kind are unconstitutional in all circumstances. Suing presents obstacles because plaintiffs must prove coercion and may face further regulatory retaliation, while individual victims may receive little practical relief. Organizations have pursued disciplinary and oversight avenues, including a D.C. Bar complaint.
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