"Everything has to happen somewhere" - Tim Wu on the "catalytic spaces" or platforms where everything hapoens

I'm grateful and delighted to have received the Moses Lasky Professorship www.colorado.edu/law/2025/10/.... (and congratulations to my colleagues for well-earned recognition!)

See also Alan Chen's response, Pluralism and Listeners' Choices Online. southerncalifornialawreview.com/2025/09/25/p...

Listeners' Choices Online is now online. I hope you will choose to listen to it! james.grimmelmann.net/files/articl...

It was very nice to have two of my recent articles featured in JOTWELL reviews this month—Maureen Carroll on "Deterring Unenforceable Terms," courtslaw.jotwell.com/should-draft... and @margotkaminski.bsky.social on "The Deletion Remedy" cyber.jotwell.com/ai-disgorgem...

Two great new articles on AI "recalls" (aka model disgorgement): cyber.jotwell.com/ai-disgorgem...

Essential reading for AI law - @margotkaminski.bsky.social and @aselbst.bsky.social - "An American's Guide to the EU AI Act" papers.ssrn.com/sol3/papers....

The AI Act is a long and confusing piece of legislation that relies heavily on other EU laws and institutions. If you’re a US lawyer who doesn’t have a background in EU law, then even if you read it there’s probably a bunch you missed. Good news! We’ve got a paper for you!

An American's Guide to the EU AI Act papers.ssrn.com/sol3/papers.... With @aselbst.bsky.social

"In the race to figure out just what AI systems are good for, our kids should not be treated as experiments." The fight to preserve AI regulation and protect children isn't over thehill.com/opinion/tech... with Prof. Jones in The Hill

The EU AI Act establishes a different right to explanation of an AI system's decisions than the GDPR: papers.ssrn.com/sol3/papers.... (by Kaminski & Malgieri)

The Right to Explanation in the EU AI Act, Explained papers.ssrn.com/sol3/papers.... Art. 86 commentary for those interested

I'm honored to have received the Sandgrund Award @ Colorado Law for Best Consumer Rights Work, for Regulating the Risks of AI (published 2023, available here papers.ssrn.com/sol3/papers....) Hopefully that consumer rights work doesn't immediately get preempted.

NEW JOB: The Knight Institute (@knightcolumbia.org) is looking for a staff attorney to join us for a two-year position. It's an extremely busy time for the First Amendment, and we could use some more hands on deck! knightcolumbia.org/page/staff_a...

A great and substantive two days of Freedom of Expression Scholars Conference @yaleisp.bsky.social . Panel on the substance, scope, and methods of the Internet Law Canon was a highlight (with Balkin, Reid @chup.blakereid.org, Weiland @morganweiland.bsky.social) @yalelawschool-yls.bsky.social

Ooh! I got cited in the en banc right-to-record case (Project Veritas) in the Ninth Circuit, along with other great scholars in that space. It's encouraging when hard work gets read and used. cdn.ca9.uscourts.gov/datastore/op...

"Poorly designed algorithms used to make consequential decisions... lead to a loss of trust in government and costly redesign." Deirdre Mulligan, making the case that the responsible AI governance in government is both good policy and better financial decisionmaking.

From Gods to Google is now out in the Yale Law Journal Following First Amendment challenges to tech regulations? We tell a different story of the caselaw: not (just) Lochnerean but the output of this Court’s religious speakers cases www.yalelawjournal.org/feature/from...

At Berkeley today www.law.berkeley.edu/research/bcl...

Just presented "From Gods to Google" @gwlaw.bsky.social, which tracks the Court's religious speaker cases and the (surprising?) arsenal they create for tech companies, especially in lower courts. SCOTUS faces a First Amendment impasse of its own making. papers.ssrn.com/sol3/papers....

The last thing I'll say about TikTok (for now) is that it is an absolute boon to data privacy laws facing First Amendment challenges. One big move: SCOTUS distinguishes between a government interest in preventing harmful "data collection," and a government interest in regulating speech.

TikTok is the U.S. Schrems. Discuss.

Join @jennifercobbe.bsky.social @margotkaminski.bsky.social @agstrait.bsky.social & me at UCL Laws, in person/online, to compare AI Act/AI EO, DSA/OSA, & GDPR's approaches to algorithmic assessment — 25 Apr 6pm. Who undertakes this analysis, and with what consequences? www.ucl.ac.uk/laws/events/...

"It is tempting to ask whether AI-generated speech “disrupts” the law. That, we claim, is the wrong question." Constructing AI Speech, with Meg Jones, forthcoming in Yale Law Journal Forum (online): papers.ssrn.com/sol3/papers....

"From Gods to Google" forthcoming in the Yale Law Journal papers.ssrn.com/sol3/papers.... with Rebecca Aviel, Toni Massaro, & Andrew Woods "free expression principles the Court has developed for religious believers make it difficult to protect against significant harms that technologies can cause"

It's official: I'm writing a casebook (!) on AI Law with @aselbst.bsky.social and Paul Ohm aila.ws We have an initial framework for it from Paul's fall class and I'll be working on it all spring (among other projects). So happy to be working with this particular team.

Starting tomorrow (!) I'll be in Florence for five months at the European University Institute as a Senior Fellow and Fulbright-Schuman grantee. Lots of gratitude here for this amazing experience.

Last week, I filed an amicus brief that I co-wrote with @margotkaminski.bsky.social on behalf of Privacy & First Amendment Law Profs in the 9th Circuit appeal of NetChoice v. Bonta, a case about the constitutionality (under 1A) of privacy laws. The brief is here: www.dropbox.com/scl/fi/tfoek...

I'm half Israeli, on my father's side. Social media is hell right now. I'm going to be off of here and other platforms for a good long bit. L'hitraot.

This generative AI and Copyright panel is fantastic (including Viva Moffet, Oren Bracha, Kate Lee, Andy Gass, Cynthia Arato, with Harry Surden moderating)

Law students — come work with us next summer on an exciting docket of cases dealing with free speech and new technology! (And some analog-era cases, too, just to stay grounded). The deadline for 2Ls and LLMs to apply is 10/29: https://knightcolumbia.org/page/summer-2024-legal-internship

Learned so much from papers I'm discussing at We Robot: @claireboine's marvelous paper on evolving definition of AI in EU AI Act (bu.edu/law/files/20...) & @bea_botero's important examination of how AI Liability Directive compliments (or doesn't) AI Act (bu.edu/law/files/20...)

Regulating the Risks of AI describes the growing convergence around risk regulation in AI governance. It then addresses the question: what does it mean to use risk regulation to govern AI systems? (the newly revised ~65 page version) papers.ssrn.com/sol3/papers....

We Robot-ing

The ND Cal. First Amendment decision on the California children's privacy law (CAADCA) is a bad one. The judge does not appear to understand or accept the first thing about data privacy. It should make everyone/every state with data privacy laws nervous.

Starting the Italian visa process. ...

@salome.bsky.social and I just posted our new article, "Valuing Social Data" on SSRN. We are still working to incorporate comments and would love additional feedback! https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4513235

If Hunger Games is the entry level academic market, then Creed III is mid-career academia.

"Current First Amendment doctrine constructs the legal puzzle of content production by AI systems as a question of what happens when you substitute an individual human actor with AI...the legal puzzle of AI “speech” boils down to how to adapt scienter requirements for speech produced by AI systems."

X. Wtf.

Why am I awake and editing at 6:30 AM you ask? Because I couldn't find the time to write a short Article, so I wrote a long one instead. (And the bill comes due at editing time...)

Deep in thoughts right now on Counterman/Taamneh implications for AI and the First Amendment, for a mid-length piece I'm drafting with Meg Jones

Hiring in IP this year (among many other areas)...

Well hi