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Kids Safety: On Substack, Ari describes the House’s KIDS Act—its response to the Senate’s packaging of the Kids Online Safety Act (KOSA) and the App Store Accountability Act. There may be more than one way to skin a cat, but violating the First Amendment is bad no matter what way you do it. Ari explains the biggest free speech problems with the bill.

Space: Jim filed ex-parte comments urging revisions to the FCC’s Report and Order on Space Modernization for the 21st Century, due to be voted on next week, supporting the Commission’s licensing reforms while recommending changes to advance innovation, spectrum efficiency, and U.S. commercial space leadership.

FCC: Both of our reply comments on Disney’s ABC petition to classify The View as conducting bona fide news interviews received significant media attention:

• In MediaPost, our letter—signed by more than 50 scholars and free speech organizations—was prominently featured, discussing why the FCC’s crackdown was unconstitutional.

• The same letter was the subject of an article published by Today at Elon, Elon University’s official news outlet, where two of the legal scholars who signed the letter are affiliated.

• In Straight Arrow News, Berin was quoted on the proceedings, labeling it one of the most egregious examples of jawboning in American history, saying its purpose is clear: to retaliate against speech the government doesn’t like.

• This week our efforts were also mentioned by Deadline and Variety.

• Last week, we were mentioned or quoted by Radio & Television Business Report (paywall), Communications Daily (paywall), The Express Tribune, and Newsmax.

EU Mergers: Last month, Bilal submitted comments urging the European Commission to make its draft Merger Guidelines more evidence-based, economically rigorous, and balanced, ensuring merger enforcement is grounded in demonstrable competitive harm rather than speculative theories.

FTC: The Present Age and The New Republic quoted Andy’s Tech Policy Press article on the FTC’s limited ability to preempt state AI laws, noting that such a strategy would require a lengthy, complex rulemaking process and that a policy statement simply would not suffice.

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TechFreedom’s own reply comments explain why some commenters’ interpretation of Section 315(a) violates both decades of Commission precedent and the First Amendment, chilling political speech. These comments were mentioned by Radio & Television Business Report, Communications Daily (paywall), The Express Tribune, and Newsmax.

Admin Law: Berin’s statement on the Supreme Court’s unfortunate Trump v. Slaughter ruling argues that Congress must strengthen oversight of regulatory agencies as presidential control expands. He called for stronger accountability measures to prevent political misuse of regulatory power.

EU Antitrust: On the latest Rethinking Antitrust, Bilal talks with Dr. Cristina Caffarra, founder of EuroStack, about whether European competition policy can answer the challenges laid out in the Draghi Report, and why she’s increasingly convinced it can’t.

Space: Jim’s comments on the FCC’s Space Modernization NPRM which looks to completely revamp the way the FCC licenses next generation satellite systems hit the mark, with TechFreedom cited 28 times in the draft Space Modernization Order—a new record for us.

FCC: Berin was mentioned in The Desk regarding our petition challenging the FCC’s news distortion policy. The petition raised First Amendment concerns about government interference with protected speech and news coverage.

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Online Safety: Andy was joined by thirteen scholars of youth mental health and technology in an amicus brief urging the Fifth Circuit to affirm a district court order blocking Texas’s App Store Accountability Act (SB 2420). Our brief explains why the law cannot be justified by speculative claims of harm to minors.

Online Defamation: Ari and Bilal filed an amicus brief in Banks v. Hoffman, making what should be a common sense argument: online speakers shouldn’t face defamation lawsuits for linking to allegedly libelous content, and certainly not for linking to a site that links to the defamatory material.

AI: In WLF Legal Pulse, Andy argues that a patchwork of state AI laws is unsustainable and that Congress should create a uniform national framework. However, bipartisan compromise will be needed, and states will likely continue shaping AI regulation in the near term.

Free Speech: On a new Tech Policy Podcast, we say our tearful goodbye to Corbin as host. To mark the occasion, he and new host Ari go on one final super rant about the state of social media and AI regulation.

First Amendment: Techdirt quoted Ari’s critique that Illinois’s social media tax is unconstitutional, highlighting how state officials’ own statements indicate that the tax targets social media companies for their editorial choices in violation of the First Amendment.

FTC: Berin was also quoted in Techdirt, explaining why the FTC’s lawsuit against the World Professional Association for Transgender Health (“WPATH”) is likely to be dismissed before a court even reaches the obvious First Amendment issues, because the FTC Act applies only to commerce.

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Berin issued a statement on the FTC’s lawsuit against the World Professional Association for Transgender Health for allegedly deceiving consumers with its claims about gender-affirming care. He explained why the Commission has no jurisdiction over speech related to such care. For more, see his thread on X and Bluesky.

EU Mergers: On a new Rethinking Antitrust, Bilal continues our series on the European Commission’s draft merger guidelines with economist Mike Walker, discussing the guidelines’ expanded focus on innovation, ecosystems, and sustainability.

In a separate episode, he speaks with Richard Gilbert on why the draft guidelines represent an important development in merger policy, while also raising difficult questions about implementation, proof, and the risk of enforcement error.

Free Speech: In Reason, Ari is quoted on the distinction between a product being explicitly designed to create dependency, and ordinary user engagement, noting that businesses generally aim to create products people value and continue using.

AI: In Broadband Breakfast, Andy argues that the GUARD Act is so broadly written it would effectively ban minors from using major AI chatbots, violating their First Amendment right to receive information.

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AI: We are also thrilled to announce the promotion of Andy to our first AI Policy Counsel, underscoring both his contributions and the growing importance of AI policy to our mission.

First Amendment: Corbin filed an amicus brief urging the Fifth Circuit to block Louisiana’s contribution to the recent spate of unconstitutional state social media age-verification laws.

Antitrust: Bilal signed onto an amicus brief with several law and economics scholars arguing the district court’s injunction in U.S. v. Google is based on a flawed market definition and an overbroad remedy that risks harming competition and consumers.

Podcast: On the latest Tech Policy Podcast, Judge Glock (Manhattan Institute) joins the show to discuss the past, present, and future of data center construction in the United States.

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Free Speech: Berin and Santana filed comments in response to the FCC’s inquiry on whether any changes can or should be made to the current ratings system. Our comments explain why the Commission should leave this area of fraught, complex, First Amendment protected speech alone. The comments were quoted by The Desk.

Antitrust: Bilal filed additional comments with the FTC and DOJ recommending that the Agencies provide clarity on the burden-shifting framework they will use to evaluate the overall competitive effect of a collaboration.

US Mergers: Bilal filed comments with the FTC on the effectiveness of the Hart-Scott-Rodino Antitrust Improvements Act’s premerger notification requirements.

Space: On a new Tech Policy Podcast, Corbin is joined by Dr. Mekhi Dhesi (Slingshot Aerospace) for a grand old space episode. They discuss orbital mechanics, rocket science, black holes, the Fermi paradox, and more.

EU Mergers: On the latest Rethinking Antitrust, Bilal is joined by Greg Werden to discuss whether the EU’s draft Merger Guidelines reflects a meaningful change in the Commission’s analytical framework, a more interventionist enforcement posture, or both.

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FCC: Yesterday, a D.C. Circuit panel unanimously ordered the FCC to respond to our mandamus petition seeking action on our petition asking the Commission to repeal its news distortion policy as a dangerous threat to free speech. The Commission now has 30 days to respond. The news was covered by Deadline and Law360 (paywall).

FTC: In WLF Legal Pulse, Andy explained that, despite re-adding “without unduly burdening legitimate business activity” to its mission statement, not all of the FTC’s recent actions reflect that commitment.

Space: At a Federalist Society panel, Jim noted that while the U.S. has an inherent advantage for lunar activity over China, success will require rewarding innovation through commercial partnerships and a light-touch regulatory environment rather than a top-down, Apollo-style model that enabled first arrival but not long-term presence.

Mergers: On the latest Rethinking Antitrust podcast, Bilal was joined by Dr. Florian von Schreitter and Johanna Brock-Wenzek from Hogan Lovells to discuss the European Commission’s draft revised merger guidelines.

AI: Broadband Breakfast quoted our recent “Tech in the Courts” webinar on what the future of AI regulation might look like.

Let’s Data Science syndicated Andy’s quote on the promise of AI in cancer detection, detailing how new tools can help doctors spot diseases earlier.

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Spectrum: Jim filed comments in response to the FCC’s NPRM regarding Spectrum Abundance for Weird Space Stuff, applauding the Commission’s efforts to provide much-needed spectrum for innovative space enterprises and its disciplined approach. Broadband Breakfast noted these comments.

Free Speech: On a new Tech Policy Podcast, Corbin speaks at FIRE’s Free Speech Future event series in New York. He joins Kmele Foster, Nico Perrino, and Christopher Ferguson for a talk about the past, present, and future of technology and censorship.

Antitrust: Truth on the Market heavily featured Corbin’s January article on Mark Meador and the politicization of the FTC.

AI: In the Daily Caller, Andy describes the promise in using AI for cancer detection, highlighting how new tools can help physicians detect abnormalities in scans, analyze large amounts of medical data, and potentially catch diseases earlier than traditional methods.

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First Amendment: Corbin appeared on Taylor Lorenz’s Power User podcast to discuss his recent paper, AI + 1A: Why the First Amendment Protects Artificial Intelligence. He also gave the paper a final boost on his Substack.

Online Safety: Andy was featured in Wake up to Politics on the Senate’s markup of the GUARD Act, describing how the bill is more extreme than other state and federal proposals we’ve seen of late. For more, check out his thread on the topic.

FCC: Our writ of mandamus asking the D.C. Circuit to compel the FCC to act on our earlier petition seeking repeal of its news distortion policy was mentioned by NPR, AIVnet, and Benton Institute.

Upcoming Appearances: Our experts are scheduled to speak at the following events this year:

• Tue May 12: The Federalist Society: Race to a Moon Base—And Frontiers Beyond (Virtual – Jim)

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App Stores: Corbin filed an amicus brief in the Ninth Circuit, urging reversal of a district court opinion that exposes app stores to expansive liability for the apps they host.

First Amendment: Corbin published pieces at The Bedrock Principle and Liberalism.org drawing on his recent paper, AI + 1A: Why the First Amendment Protects Artificial Intelligence. The paper was also mentioned by CEI and cited by R Street (which quoted Andy to boot).

Podcast: On a new Tech Policy Podcast “From the Vault,” Corbin revisits a 2022 talk with Daphne Keller and Ari Cohn on algorithmic amplification. The debate on this topic may have evolved over four years, but the First Amendment problems have not!

Space Law: Jim participated in an Arizona State University Law School space law panel exploring the key regulatory issues shaping the commercial space and satellite sector, including licensing, spectrum, and orbital debris.

Space Spectrum: Jim commented on the FCC’s order adopted today to modernize its satellite spectrum-sharing rules, calling the effort to expand access commendable and a necessary correction to past power limits as we move to integrate our space and terrestrial networks.

Antitrust: Bilal spoke at the Denver Law Review Antitrust Symposium on the current antitrust climate in the United States.

Upcoming Appearances: Our experts are scheduled to speak at the following events this year:

• Tue May 12: The Federalist Society: Race to a Moon Base—And Frontiers Beyond (Virtual – Jim)

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Podcast: On a new Tech Policy Podcast, Corbin talks to Jacob Mchangama and Jeff Kosseff about their fantastic new book, The Future of Free Speech.

Space: Communications Daily (paywall) quoted Jim’s paper on the clash between the FCC’s “assembly line” model for processing satellite applications and the logistical realities of launching megaconstellations.

First Amendment: In Great Capitalism, Corbin’s paper on AI and the First Amendment was featured as one of the top pieces of economic policy research and analysis of the quarter.

Upcoming Appearances: Our experts are scheduled to speak at the following events this year:

• Fri Apr 17: Denver Law Review Antitrust Symposium (Denver, CO – Bilal)

• Wed Apr 22: Navigating the New Space Regulatory Frontier (Washington, D.C. – Jim)

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Free Speech: In The Dispatch, Berin argues that today’s FCC is doing what Reagan’s FCC warned against: using vague notions of the “public interest” and “fairness” to force broadcasters to “kowtow to the wishes of an incumbent politician.” His essay was quoted by National Today.

AI: On a new Tech Policy Podcast, Corbin, Andy, and Santana discuss all things at the intersection of AI and free speech. Once you’re done listening, check out Corbin’s paper on AI and the First Amendment, Andy’s article on kids and chatbots, and the Heaven’s Gate website.

Content Moderation: Bilal joined the Capitol Forum’s interview series to discuss the intersection of antitrust and content moderation, explaining that antitrust law targets conduct—not the content of what’s published or expressive choices.

Upcoming Appearances: Our experts are scheduled to speak at the following events this year:

• Fri Apr 17: Denver Law Review Antitrust Symposium (Denver, CO – Bilal)

• Wed Apr 22: Navigating the New Space Regulatory Frontier (Washington, D.C. – Jim)

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Online Safety: We joined several civil society partners in a statement detailing the harms of minimum-age social media access proposals; protecting youths requires evidence-based solutions that don’t push teens into less safe, less moderated environments.

Antitrust: On a new Rethinking Antitrust, Bilal sits down with economists Joseph Goodman and Evan McKay to unpack the FTC’s challenge to Meta over its acquisitions of Instagram and WhatsApp. At the center of the case—and the court’s decision—is a simple question: What is the relevant market and who is in it?

First Amendment: Corbin’s fantastic new paper on why the First Amendment protects AI outputs was recommended by the Free the Economy podcast (starting at 5:04) and the Platforms & Polemics Substack. It’s now up at SSRN!

Webinars: Washington Legal Foundation’s annual report featured our “Tech in the Courts” series (pages 10 and 25). Topics covered in 2025 include AI regulation, antitrust rulings, algorithms and the AI moratorium.

Social Media: On his Substack, professor Christopher Ferguson cites our Tech Policy Podcast episode on the many problems with letting plaintiffs’ lawyers and juries do social media product design.

AI: Transformer quoted Andy’s statement on the White House’s Federal Framework for AI, highlighting the benefits, while noting the difficulty of actually getting lawmakers to write the laws.

Upcoming Appearances: Our experts are scheduled to speak at the following events this year:

• Fri Apr 3: Administrative Law Review’s 2026 Annual Symposium (Washington, DC – Bilal)

• Fri Apr 17: Denver Law Review Antitrust Symposium (Denver, CO – Bilal)

• Wed Apr 22: Navigating the New Space Regulatory Frontier (Washington, D.C. – Jim)

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First Amendment: In a new paper, Corbin explains why AI outputs are protected by the First Amendment. He put a lot into this one! Give it a read, as well as a boost on social media (as Reason says: “Read This Thread”!).

Space: Jim filed reply comments with the FCC regarding SpaceX’s plan to launch up to one million satellites as orbital data centers (ODCs), noting the deluge of oppositions based on environmental concerns, but once again demonstrating that the National Environmental Policy Act (NEPA) does not apply to human activities in outer space.

In Reason, Corbin reviews David Ariosto’s Open Space: From Earth to Eternity—the Global Race to Explore and Conquer the Cosmos. Corbin is not alone in finding the book a disappointment. So he turns, in the review, to explaining what good space writing looks like—and why we need it.

Podcast: The latest Tech Policy Podcast is a recording of Corbin’s appearance at last month’s State of the Net conference. He and the panel discuss how the First Amendment should work in a world of algorithms and AI.

Jawboning: Inside Radio and TV News Check quoted our coalition letter—joined by 80+ scholars, FCC veterans and civil society organizations—detailing why FCC Chairman Carr’s latest threats against broadcasters constitute unconstitutional jawboning.

Appearances: Corbin spoke in New York at a semi-private event on cycles of tech censorship, sponsored by FIRE and hosted by Kmele Foster. Video to come.

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Free Speech: We were joined by 75+ scholars of the First Amendment, communications, and technology law, veterans of the FCC, and civil society organizations dedicated to free speech in a letter detailing why FCC Chairman Carr’s latest threats against broadcasters constitute unconstitutional jawboning, especially in light of the administration’s call for treason prosecutions.

In Techdirt, Andy explains why laws prohibiting minors from accessing AI-powered chatbots would violate the First Amendment. He explains that minors have a right to receive information, including the vast majority of chatbot outputs, which are protected speech.

We joined an amicus brief written by FIRE, arguing that California’s AB 2655—which requires large social media platforms to remove “deceptively” edited digital media (deepfakes) of political figures—violates the First Amendment and defies Section 230.

Bilal spoke at the Federalist Society’s 2026 National Student Symposium on a panel addressing the intersection between free speech and free markets, underscoring that antitrust law cannot be used to accomplish indirectly what the First Amendment forbids directly.

Space: Jim submitted comments to the Department of Commerce’s Office of Commercial Space (OSC) on its framework to establish a “Mission Authorization” regulatory regime for innovative space activities. While the framework is sound, unfortunately, OSC lacks statutory authority to implement it.

Antitrust: Bilal was a guest on the Bloomberg Intelligence podcast to discuss the politicization of antitrust enforcement, the departure of Gail Slater from the DOJ, the firing of the two Democratic FTC commissioners, and much more.

Mergers: Bilal also appeared on Our Curious Amalgam to discuss how prior approval requirements in merger enforcement differ from standard HSR review, and what the current FTC and DOJ approach means for mergers going forward.

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FTC: Andy released an open letter calling on the FTC to take public comments before finalizing its policy statement on deceptive AI and federal preemption, reminding the Commission that public input is key given the federalism implications and the economic impacts of AI.

Mergers: Bilal filed comments on the Canada Competition Bureau’s Draft Merger Enforcement Guidelines, urging the agency to, among other recommendations, clarify the framework for identifying a potential or future entrant and prioritize areas of competitive rivalry in evaluating competitive effects.

First Amendment: On a new Tech Policy Podcast, Corbin deconstructs Justice Barrett’s surprisingly influential—but completely misguided—concurrence in Moody v. NetChoice. In other words, he explains why the First Amendment protects algorithms and AI.

Antitrust: On a new episode of Rethinking Antitrust, Bilal is joined by John Yun and Jay Ezrielev to discuss whether there are insurmountable antitrust issues in the fight for Warner Brothers.

Appearances: This Saturday, March 14, at the Federalist Society’s 2026 National Student Symposium, Bilal will join a panel examining what happens when free Speech and free markets intersect.

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Antitrust: We teamed up with WLF for the tenth installment of our Tech in the Courts webinar series, where Bilal moderated a panel discussion on California’s recent recommendation for the adoption of a state antitrust law directed at single-firm conduct.

Social Media: A Los Angeles jury will opine on whether Instagram and YouTube are responsible for teens’ mental health. On a new Tech Policy Podcast, Clay Calvert (AEI) and Corbin review the many problems with letting plaintiffs’ lawyers demagogue social media platforms before a jury.

Free Speech: In Ars Technica, Berin was quoted on the FCC’s approach to enforcing equal-time rules, arguing the Commission is effectively creating a system of prior restraint while selectively targeting certain speakers, raising serious First Amendment concerns.

Space: In TechNewsWorld, Jim was quoted on his skepticism of replicating terrestrial-style data centers in space, but emphasized the critical need for on-orbit processing of data collected in space.

Upcoming Appearances: Our experts are scheduled to speak at the following events this year:

• Sat Mar 14: Federalist Society – 2026 National Student Symposium (Phoenix, AZ, Bilal)

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SCOTUS: Corbin spoke at WLF’s High Court Halftime event. He previewed key upcoming Supreme Court decisions, including Trump v. Slaughter, Cox v. Sony, Verizon v. FCC, and Chatrie v. United States.

Online Safety: Corbin spoke to the Federalist Society’s Berkeley Law student chapter about the intra-conservative fight over how to apply the First Amendment to evolving technology.

Calling it the “best quote” in the article, The Globe and Mail (paywall) repeats Corbin’s line from The Atlantic (paywall) about the insanity of settling difficult scientific questions, in ongoing trials over social media’s effect on teens, by “having lawyers get up and give speech contests in front of a jury.”

Space: In Communications Daily (paywall) Jim comments on the SpaceX and Starcloud orbital data center applications pending before the FCC’s Space Bureau, noting they raise questions about the Commission’s jurisdiction to regulate orbital debris and could be vulnerable to legal challenge.

DSA: An article in Tech Policy Press mentioned Berin’s essay explaining the inaccuracy of claims that the EU’s fine against X under the DSA amounts to censorship.

Upcoming Appearances: Our experts are scheduled to speak at the following events this year:

• Sat Mar 14: Federalist Society – 2026 National Student Symposium (Phoenix, AZ, Bilal)

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DSA: In Tech Policy Press Berin argues that the EU’s fine against X doesn’t reflect a speech or censorship judgment under the DSA, noting that such claims about threats to free speech stem mostly from broader political narratives rather than the legal rationale.

Free Speech: At this year’s State of the Net Conference, Corbin appeared on a panel about “the new frontiers of speech.” He addressed the panic over AI-generated speech, the value and the nuances of algorithms, why code is protected by the First Amendment, and more. Video here, at “Breakout 3,” starting at 1:50:50.

AI & Jobs: On a new Tech Policy Podcast, Corbin and Brent Orrell (AEI) explore and debate how AI will disrupt the job market. They also ask: What does meaningful work look like in a world of genius machines?

Online Safety: In The Atlantic (paywall), Corbin, commenting on the start of a major social-media “addiction” trial, says it’s “crazy” to settle complex and ambiguous scientific questions by “having lawyers get up and give speech contests in front of a jury.”

Debt Woes: Corbin’s Law & Liberty essay on the United States’ intractable debt problem was syndicated by the Foundation for Economic Education (FEE) and (for a second time) by RealClearMarkets.

Upcoming Appearances: Our experts are scheduled to speak at the following events this year:

• Wed Feb 18: WLF – The U.S. Supreme Court’s October Term 2025 at Midpoint (Virtual, Corbin)

• Sat Mar 14: Federalist Society – 2026 National Student Symposium (Phoenix, AZ, Bilal)

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In Lawfare, Berin and Renée DiResta explore the Grok nudification scandal, what the First Amendment protects, how the rhetoric of “free speech” has obscured the ethics of content moderation, how the term “censorship” has been drained of any real meaning, and what could be done about the creation of sexualized images of children and virtual intimate material without consent, under either existing or new laws, consistent with the First Amendment.

FTC: Berin live-tweeted about the FTC’s workshop on age verification. The FTC’s recent settlement with Disney, he warned, leverages COPPA to require age verification on YouTube, exceeding the FTC’s authority and highlighting the need for minority commissioners and public comments. He also explained how panelists repeatedly invoked FSC v. Paxton to justify age verification mandates, even though the case clearly dealt only with age verification for content that is obscene to minors.

Podcast: On a new Tech Policy Podcast, Thom Lambert (Mizzou Law) and Corbin discuss the Trump II administration’s new right antitrust regulators. Don’t worry—they just want the discretion to reward friends and punish enemies.

Antitrust: Bilal filed comments urging the California Law Revision Commission to require state courts to apply the structured rule of reason and balancing framework from United States v. Microsoft if the state adopts a new monopolization law that rejects Brooke Group, Trinko, and AMEX decisions.

Bilal also participated in an ITIF-led panel on the topic, echoing our original comments that the proposed statute remains deeply flawed by imposing broad duties to deal with rivals, ignoring key federal principles, and risking harm to competition and regulatory consistency.

Teaching: Last week, Corbin gave a briefing on “Preserving Freedom in Tech” to Young Voices. He covered the history of antitrust law and the “new right” challenge to the Chicago School, the incoherence of conservatives’ “anti-censorship + protect the children” social media regulatory philosophy, the fight between the tech right and the populist right over the future of AI, and more.

Liberalism: On his Substack, Corbin revisits Francis Fukuyama’s The End of History and the Last Man—still a great read—and broods over the future of liberalism.