Can Government Officials Pressure Private Companies and Universities to Restrict Speech?

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 26 September 2025

⏱️ 64 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this episode, Genevieve Lakier of the University of Chicago Law School and Eugene Volokh of the UCLA School of Law join to discuss the recent suspension of Jimmy Kimmel by ABC and the broader history and constitutionality of jawboning, the practice of government officials pressuring private actors to stifle speech. Resources National Rifle Association v. Vullo (2024) Murthy v. Missouri (2024) Bantam Books, Inc. v. Sullivan (1963) Rust v. Sullivan (1991) Genevieve Lakier, “Enforcing the First Amendment in an Era of Jawboning,” University of Chicago Law Review, Forthcoming 2026 Eugene Volokh, “Jimmy Kimmel, the NRA, and the First Amendment,” Volokh Conspiracy, September 18, 2025 In our new podcast, Pursuit: The Founders’ to Guide to Happiness Jeffrey Rosen explores the founders’ lives with the historians who know them best. Plus, filmmaker Ken Burns shares his daily practice of self-reflection. Listen to episodes of Pursuit on Apple Podcast and Spotify. Stay Connected and Learn More Questions or comments about the show? Email us at ⁠[email protected]⁠ ⁠Continue the conversation by following us on social media @ConstitutionCtr ⁠ Explore the⁠America at 250 Civic Toolkit⁠ ⁠Sign up⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate Follow, rate, and review wherever you listen Join us for an upcoming⁠ ⁠⁠live program⁠ or watch recordings on⁠ ⁠⁠YouTube⁠ Support our important work: ⁠Donate

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0:00.0	I'm Jeffrey Rosen, President and CEO of the National Constitution Center.
0:06.0	A few years ago, learning about the forgotten meaning of the pursuit of happiness changed my life.
0:12.0	When the founders wrote that famous phrase in the Declaration of Independence, they meant an ongoing commitment to self-improvement and lifelong learning.
0:20.0	This discovery inspired me to write a book, and in my new podcast, I explore the founder's
0:25.3	lives with the historians who know them best.
0:27.9	Plus, filmmaker Ken Byrne shares his daily practice of self-reflection.
0:33.0	Join me for Pursuit, the Founder's Guide to Happiness.
0:40.2	Listen to Pursuit, the Founder's Guide to Happiness. Listen to Pursuit, the Founder's Guide to Happiness on your favorite podcast app.
0:45.4	On September 23rd, Jimmy Kimmel returned to the airwaves after his late-night show was suspended for nearly a week.
0:54.8	Hello, friends.
0:55.9	I'm Jeffrey Rosen, president and CEO of the National Constitution Center,
0:59.6	and welcome to We the People, a weekly show of constitutional debate.
1:03.5	The National Constitution Center is a nonpartisan nonprofit,
1:06.6	chartered by Congress, to increase awareness and understanding of the Constitution
1:10.5	among the American
1:11.5	people. This week we'll discuss the recent Jimmy Kimmel's suspension, as well as the broader
1:17.3	history and constitutionality of jawboning. That's the practice of government officials
1:22.4	pressuring private actors to stifle speech. To help us unpack this important topic, we have two of the
1:28.7	leading scholars on both jaw-boning and free speech. Genevieve Lakeier is Professor of Law
1:35.1	and Marjorie Free Teaching Scholar at the University of Chicago Law School. She's written extensively
1:40.4	on the dangers of jaw-boning, including her forthcoming article enforcing the First
1:45.1	Amendment in an era of jawboning, which is coming out in the University of Chicago Law Review.
	...

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