Bureaucrats Shouldn’t Wield Broad Discretion over Free Expression
Plus TikTok, AI, net neutrality, and more…
Free Speech: Ari filed an amicus brief in Diamond S.J. Enterprise, Inc. v. City of San Jose, urging the full Ninth Circuit to rehear the case after a three-judge panel issued a decision undermining First Amendment protections against discretionary government speech licensing.
FTC: In a thread, Berin explained what the Supreme Court’s decision in SEC v Jarkesy might mean for how the Federal Trade Commission enforces its authorities, when jury trials are required, and whether the FTC can continue to bring deception cases through its administrative process.
AI: In the Orange County Register, Andy outlined the types of “bottom-up” efforts the county has implemented to grow their AI ecosystem, including robust public-private partnerships and educational initiatives.
TikTok: We joined an amicus brief urging the D.C. Circuit to grant a preliminary injunction against the federal law banning TikTok. As we’ve stated on several occasions, this legislation blatantly violates the First Amendment.
Space: Jim filed comments in the FCC’s orbital debris proceeding, stressing that the Commission continues to ignore its lack of clear statutory authority to regulate orbital debris. He also suggested specific metrics to determine when satellite constellations pose a danger to the orbital ecosystem.
Jim was also interviewed by the Interstellar Research Group to review his recently published chapter on governance models, which is part of a monograph series on interstellar travel. They also talked more generally about outer space law and policy.
Podcast: On the latest Tech Policy Podcast, economist and writer Arnold Kling joined the show to discuss his recent article on AI and so-called “wicked problems.”
Kids Safety: Ari was a guest on So to Speak: The Free Speech Podcast, hosted by the Foundation for Individual Rights and Expression (FIRE). He examined the moral panic surrounding social media, the First Amendment issues surrounding age verification, and more.
CCP: In City Journal, Corbin reviewed Lai Wen’s new novel, Tiananmen Square, which recounts the 1989 student protests for free speech and democracy, and subsequent massacre by the CCP. His review was also published in RealClearBooks.
Broadband: MediaPost quoted Berin’s statement on the FCC’s April vote to reinstate net neutrality regulations. He warned that “the regulatory ping-pong will go on forever” without congressional legislation.
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The breadth of possibilities for abuse is staggering!