When Melania Trump’s attorneys sent journalist Michael Wolff a Florida pre-suit demand letter threatening a billion-dollar defamation suit, Wolff didn’t wait to be sued — he sued first, asserting an…Read More »
This article argues that Section 230’s immunity, which has protected tech platforms from liability for third-party content for 30 years, should not extend to unique generative AI outputs. When AI…Read More »
I explore whether politicians’ sexual privacy can be protected when explicit material about them becomes public. I explain that First Amendment law often treats truthful information about public officials as…Read More »
I examine whether social media platforms “speak” when they curate user content, an issue central to pending Supreme Court cases challenging state laws regulating platform moderation. I question the claim…Read More »
I examine whether the Supreme Court may reconsider laws regulating virtual child pornography as AI-generated deepfakes become more realistic. Although real child pornography is illegal, prior federal attempts to ban…Read More »
I argue that government efforts to influence social media moderation risk undermining First Amendment protections by enabling indirect censorship. In discussing Murthy v. Missouri, I note that plaintiffs claimed federal…Read More »