The Fourth Amendment Gap in the National AI Framework
Recent artificial intelligence guidance fails to address the government’s use of AI for searches.
303 Creative’s Dangerous Deregulatory Potential
The U.S. Supreme Court’s refusal to consider governmental interests could lead to a sweeping rollback of regulations.
State-Based Restrictions on Corporate Political Speech
Scholar offers state-level strategies to control corporate political speech.
Shooting a Gnat With an Unconstitutional Elephant Gun
Proposed legislation aimed at protecting minors online cannot survive strict scrutiny analysis.
Are Government Restrictions on AI Constitutional?
Restrictions on AI use may violate the First Amendment because they regulate speech based on its content.
A New Approach to Understanding Content Moderation
Scholars propose an alternative First Amendment framework for online platform regulations.
Stewardship or Censorship at the FCC
Experts debate whether the FCC is necessary to the information marketplace or a dangerous anachronism.
The Supreme Court Should Overturn the Fairness Doctrine
The Court should no longer allow the government to require that broadcasters air opposing views on public issues.
Reckoning With the Rise of Deepfakes
Scholars explore deepfakes’ evolving capabilities and propose methods for regulating them.
Freedom of Expression or Freedom to Discriminate?
Scholar argues that the right of expressive association could compromise antidiscrimination laws.
When Can a Business Refuse to Sell?
Scholar argues that 303 Creative only grants businesses a limited First Amendment right not to provide service.
Election Security and Misinformation Regulation
Scholars discuss legal solutions and limits for targeting election misinformation.