The Market for Speech Paternalism

Content moderators committed to liberalism face a conflict between their obligations to shareholders and to their liberal ideals. They should resolve that conflict in favor of liberal ideals.


The Lesson of TikTok

Without a set of common international rules governing data, we will face a fragmented world, rife with uncertainty, that hurts both companies and consumers.


PACT Act Does More Harm than Good

While more thoughtfully drafted than other Section 230 reform proposals, the PACT Act unreasonably burdens platform moderation and creates new opportunities for abuse.

PACT Act introductory image.

International Law and “Hate Speech” Online

Governments are required to prohibit a broad and ambiguous category of speech while businesses are instructed to “respect” a putative right to be free of “hate speech,” a demand that could support banning a wide range of speech. The U.S. legislature and courts do not recognize such required prohibitions, but their reticence does not obligate social media companies incorporated in the United States.


A Twitter Alternative, If They Can Keep It

Parler’s adoption of community standards prompted frustration and gloating from the site’s respective fans and skeptics, but the platform is simply advancing along a seemingly inevitable content moderation curve.

Parler's home page.

Trump’s Social Media Order Rewrites Internet Law by Decree

Like Obama before him, President Trump may have a pen, but he cannot rewrite statues at will. As drafted, his order’s reasoning is at odds with congressional intent, a quarter century of judicial interpretation, and any reasonable reading of the statute’s plain language.

Trump holds an executive order.

What COVID-19 Tells Us About AI Inventors

The application of burgeoning AI technology in unprecedented times shows us how valuable it is. Yet as we reap greater benefits from AI during the COVID-19 pandemic, the persistent quandary over definitions, rights, and protections remains.