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April 17, 2025
Judge McFadden’s First Amendment Ruling Against the White House: Infusing Modern Speech Doctrines with History and Tradition
I recently addressed today’s debate over the Press Clause’s meaning 234 years after the First Amendment’s ratification. The rift involves whether the clause is “a technology-specific provision” that safeguards “everyone’s right to use a particular type of mass communication technology and its modern analogs,” or whether it protects the press as an institution that receives…
April 16, 2025
Bastiat and What is Not Seen in Tech Policy
Over at The Dispatch, AEI Senior Fellow Jonah Goldberg recently praised Frédéric Bastiat’s classic essay, “That Which is Seen, and That Which is Not Seen.” Goldberg cited the piece to critique the Trump administration’s seemingly-attractive-but-deeply-flawed approach to trade. I’ve found that this short 1850 treatise is equally illuminating when assessing 21st century tech policy. As…
April 15, 2025
Censorship is Anti-American
On March 25, Rumeysa Ozturk, a graduate student at Tufts University — “a Fulbright scholar working on a PhD in child study and human development on an F-1 student visa” — was detained by six plain clothes government officials as she walked down a Boston street. Yesterday, The Washington Post reported that a State Department memo, prepared…
April 15, 2025
The AI Race Accelerates: Key Insights from the 2025 AI Index Report
The 2025 AI Index Report, recently released by Stanford’s Human-Centered Artificial Intelligence (HAI), offers an insightful overview of the current state and trajectory of artificial intelligence (AI). While the comprehensive report spans an extensive 456 pages, here are the top six observations that stood out: 1. AI Nears Human-Level Performance AI research accelerated dramatically in…
April 15, 2025
Irony, Congress, and the FCC: The Broadcast Freedom and Independence Act of 2025
In a sure sign of our topsy-turvy political times, Democrats in the US Senate and House of Representatives are sponsoring legislation that seeks both to rein in the reach of federal regulatory authority and to promote the fundamental First Amendment value that expression of all viewpoints should be allowed rather than squelched and punished by…
April 14, 2025
The Fragmented Privacy Landscape
The Current State of Privacy Regulation The United States is experiencing a rapid proliferation of state-level privacy laws, creating an increasingly complex regulatory landscape. Since California pioneered comprehensive privacy legislation with the California Consumer Privacy Act (CCPA) in 2018, the trend has accelerated dramatically. Currently, 19 states have enacted their own privacy legislation, each with…
April 11, 2025
“Misinformation” Is Condescending: Do Better, Elites
The concept of “misinformation” is deeply condescending. As commonly used in our discourse, it says the following to and about the public: “You’re getting the wrong information, and it’s causing some bad behaviors. We’re going to get you better information, pat you on the head, and tuck you in.” It’s not nice to talk to…
April 10, 2025
The Apocalypse Machine Rolls On
Climate scenarios are fundamental to climate research and policy. For more than a decade, one scenario dominated research informing discussions of climate among scientists and decision makers. Called RCP8.5, today that scenario is widely recognized as implausible, leading to apocalyptic portrayals of future climate change and providing an unreliable basis for policy analyses for adaptation and…
April 10, 2025
Satellite Broadband Competition—New Hope, but for Which Markets?
Last week, Amazon subsidiary Project Kuiper announced plans to launch the first 27 satellites in its 3,000-plus planned low earth orbit (LEO) constellation from Cape Canaveral Space Force Station in Florida on April 9. The launch brings long-promised competition in the satellite broadband space for Elon Musk’s 5,000-plus-satellite Starlink system, which, up to now, has…
April 9, 2025
California Finally Abandons Facets of Flawed Social-Media Mandate
Department of Government Efficiency, but the world’s richest person recently scored an important––albeit largely overlooked––First Amendment victory for social media platforms against intrusive, peek-under-the-hood government regulations. In late February, a final judgment and permanent injunction barring enforcement of key parts of California Assembly Bill 587 (AB 587) was agreed to by the parties in X…