New on the Internet Policy Review, and I think also timely: policyreview.info/articles/ana... I argue that threats of regulation is a fundamental mechanism of governance in the Internet industry (and beyond)

If you don’t want to be identified while enforcing the law pick another fucking job

How can American Courts accept masked federal officers? What is the rationale --- if any?

Escribí esta columna antes de que lo ejecutaran a Alex Pretti:

Desde Minneapolis a Boston: Reflexiones sobre el año en que el país se desmoronó por Alicia Ely Yamin (@aliciay.bsky.social) www.lacritica.ar/post/desde-m...

Congestion pricing is an unqualified success in NYC. It would be great to see it expanded to every city with decent public transit options. www.nytimes.com/interactive/...

Today’s 120 million euro fine against X under the Digital Services Act (DSA) will be spun as a decision against “free speech.” It’s not. (1/7) #digitalservicesact #dsa #dsa ec.europa.eu/commission/p...

How are digital and algorithmic systems reshaping migration and asylum governance in Europe? We have launched a new symposium on "Algorithmic Fairness for Asylum Seekers and Refugees", in collaboration with @hertiecfr.bsky.social ✨ Follow the symposium here: verfassungsblog.de/category/deb...

The ONLY?!

📖 I am excited to share the publication of my article "International human rights law in content moderation and the risks of ‘misdiagnosing’ its limits" on Transnational Legal Theory Journal! www.tandfonline.com/doi/full/10.... 1/

Why the voluntary approach to business and human rights sucks (and a few things that can be done about it). www.tandfonline.com/eprint/KNN8T...

Reuniones académicas

or maybe there's not much difference between the coercion and significant encouragement analyses? knightcolumbia.org/blog/in-jawb...

When people first hear about "jawboning" -- meaning government pressure to suppress speech through threats and other extra-legal measures, like what the FCC is doing now -- they always want to talk about "coercion" by the govt. I've always thought this is a red herring. Current events show why. 1/

I wrote about this for @knightcolumbia.org pre-Murthy here knightcolumbia.org/blog/six-thi... And for CELE in English and Spanish here observatoriolegislativocele.com/this-is-hard/ 8/

-cease and desist -null and void -aid and abet -free and clear -ways and means Why is law stuff like this always two words? These are called ‘legal doublets’ and we can once again blame the Normans. 🧵⬇️

They were private businesses adopting censorship in order to avoid government action; similar to here. The Comics Code came after Senate hearings and a moral panic over comic books corrupting youth, so while not technically government imposed, the parallels are there.

"Multiple execs felt that Kimmel had not actually said anything over the line, the two sources say, but the threat of Trump administration retaliation loomed." They will never learn that capitulation doesn't work. Never

"In the era of Trump, censorship... very likely will target the economic infrastructure of speech rather than speech itself. But this does not make it any less a threat to the democratic values that the First Amendment is supposed to protect." A good day to revisit @genevievelakier.bsky.social!

Rulling by bullying www.nytimes.com/2025/09/17/b...

This is an important perspective. What it misses is the law: You can’t have a stable economic system if the president routinely violates laws enacted by Congress. And Congress has made a choice to insulate the Fed from the President. That choice needs to be honored until it is changed.

Then think about tech companies’ incentives — and especially AI companies’ incentives — to be pliant putty in the administration’s hands, if that’s what keeps the money flowing.

As someone who has run an actual non-ridiculous independent media operation for over two decades which has lost multiple sponsors due to our public "we're against fascism" stance... to hear that Weiss might get $200 million for basically justifying and whitewashing fascism... is... frustrating.

Programa actualizado del V Encuentro Anual (¡y se van sumando lecturas!). ¡Entrar, leer, venir a Mar del Plata! iconsar.github.io/blog/v_encue...

Fanon Today. Contemporary Struggles and Theoretical Perspectives next week in Berlin! program etc here: www.geisteswissenschaften.fu-berlin.de/we01/institu...

Forget the illegality. You don't even need one semester of law school to realize that. Above all, the fact that in 2025 a defense minister of a sovereign state feels comfortable even saying such a thing out loud is a sign of a world utterly and completely broken.

yes

Hot take: The real problem with the Florida Nazi student paper is originalism itself. If your constitutional methodology’s only available criticism of “ethnic cleansing is required, actually” is that they got 18th and 19th century history wrong, then your constitutional methodology is trash.

No

Hoy en razones para deprimirse

On Monday, A Trump-appointed federal district judge denied AAUP's motion for a preliminary injunction in the Columbia funding cutoff case on (dubious) standing grounds. I'll have full analysis next week. For now, here's a reminder why the cutoff is plainly unlawful.

Ilegítimo e ilegal

💬 ¿Qué lugar ocupan actualmente los derechos humanos en la gobernanza de plataformas digitales? En un nuevo paper publicado en #EWAF25, Agustina Del Campo, @nicolaszara.bsky.social y @ramiroau.bsky.social proponen caminos para recuperar la centralidad de los DDHH.

Artículo 99.5 de la CN

Coincidencias

The Fascism-to-Black-Lives-Matter Spectrum: Which Point on it Will Maximize Your Subscriber Revenue?

I generally think formalism is brittle, but it’s one way of doing law. Functionalism is more honest and allows us to argue about what’s actually at stake, but I recognize its drawbacks. This, though, is the worse of both worlds: fake forms hiding serious but contestable reasons. (8/8)

Of course it can

En defensa del Pacto De Olivos, en Lecciones y Ensayos (n.113) revistas.derecho.uba.ar/index.php/re...

A favor. Porn is not speech www.nytimes.com/2025/05/19/o...

📄 #NewCELEPublication! "Regulatory Modeling: Tracking the Influence of the DSA in Latin America. How is the EU’s Digital Services Act shaping legislation in Latin America?" By @thaumatropo.bsky.social & @ramiroau.bsky.social. www.palermo.edu/Archivos_con...

(this is better)

Unpopular opinion: the Supreme Court *will* save American democracy

The statmt the admin put out last night in response to Harvard’s refusal to give in to its demands is interesting for its focus on Harvard’s “entitlement” mindset🧵

vergogna infinita

Alan Garber's extraordinary letter of principle and courage. This will be costly, but nothing as compared with giving in to illegal and unconstitutional demands. www.harvard.edu/president/ne...

BREAKING: On Friday, the federal government issued new demands of Harvard University. The university's lawyers just responded: back off.

There are times—rare, one hopes—when the government acts so evasively/irregularly that courts must break out of their routines in response. This happened during the civil rights era, in cases like Terry v. Adams, Bell v. Md, Shelley v. Kraemer, Griffin v. Prince Edward Cty. Time to get creative.