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

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 ⁠[e-mail]⁠ ⁠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