The Supreme Court may overturn one of its most important free speech rulings of all time, but legislators and state courts can blunt the harms.
A review of Richard L. Hasen, “Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It” (Yale University Press, 2022).
Washington’s Election Misinformation Bill Demonstrates Dangers of Compromising First Amendment Values
Washington Governor Jay Inslee's support for a bill that “would outlaw attempts by candidates and elected officials to spread lies about free and fair elections when it has the likelihood to stoke violence” raises substantial First Amendment problems.
Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma
The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illegal material.
As Congress decides whether to change the legal underpinnings of the internet, we need a better understanding of why it passed Section 230 of the Communications Decency Act in the first place.
In Defense of FAA Section 702: An Examination of its Justification, Operational Employment, and Legal Underpinnings
The tension between a Nation-state’s need to detect and interdict threats to life, safety and property inevitably conflict with the privacy interests of its individual citizens and private sector entities. Increased flattening and convergence of global communications will continue to exacerbate this tension, as Nation states seek to pursue these twin goods within the common spaces shared by protected populations and those who would hold society at risk.