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Should it be the responsibility of the government, parents, minors, or businesses—or some combination of them all—to prevent or redress the harms that allegedly befall minors?
The post Addictive Speech-Centric Technologies: The Allegation Du Jour for Lawsuits and Legislation appeared first on American Enterprise Institute - AEI.

While artificial intelligence may assist originalist jurists in comprehending the original meaning of texts, the effectiveness of such assistance will largely depend on the human decisions regarding the data used to train the systems.
The post Artificial Intelligence and Constitutional Interpretation: Can New Technologies Uncover Old Meanings? appeared first on American Enterprise Institute - AEI.

Minimal effort in creating speech via new technologies should not detract from constitutional protection.
The post Minimal Human Effort and New Speech-Creating Technologies: Protecting Both Conduct and Content appeared first on American Enterprise Institute - AEI.

By adopting the "Ensuring Likeness, Voice, and Image Security Act of 2024" ( ELVIS Act Tennessee becomes the first state to bar the unauthorized use of generative AI to create an individual's photograph, voice, or likeness.
The post Generative AI, Soundalikes and Publicity Rights: Elvis Reenters the Building appeared first on American Enterprise Institute - AEI.

In sum, public employees' off-duty, online speech rights regarding public matters aren't absolute, but they shouldn't be easily silenced.
The post The Off-Duty, Online Speech Rights of Public Employees: A Free Speech Victory appeared first on American Enterprise Institute - AEI.

When Florida Governor Ron DeSantis signed a bill last month banning anyone "younger than 14 years of age" from holding accounts with certain social media platforms, it garnered coverage in the Wall Street Journal, Washington Post, and USA Today. The New York Times deemed the law "one of the more restrictive measures that a state has enacted so far in an escalating nationwide […]
The post Addictive Design: The Legislative and Litigation Synergy Driving Florida’s Social Media Crackdown appeared first on American Enterprise Institute - AEI.

Despite the benefits of the technology, it's important to recognize limitations regarding what AI can do for journalism and to understand news organizations' apprehensions about AI-generated content.
The post Journalism and Generative AI: Exploring Limitations and Apprehensions Within the News Industry appeared first on American Enterprise Institute - AEI.

Fashioning constitutional rules isn't easy; Justice Barrett and the Court deserve kudos for their efforts to establish a rule to determine if public officials' activities constitute state action.
The post Judicial Rulemaking and Lucidity: Justice Barrett’s First Amendment Opinion in Lindke v. Freed appeared first on American Enterprise Institute - AEI.

In Murthy v. Missouri, the Court may dodge the merits of the case by deciding the plaintiffs failed to demonstrate censorship harms redressable by injunction.
The post Persuasion or Coercion? Unpacking Oral Arguments and Problems in Murthy v. Missouri appeared first on American Enterprise Institute - AEI.

In Trump v. Anderson, the Court's concurring opinions lamenting the expansive nature of the decision portend potentially narrow decisions in forthcoming rulings on the NetChoice cases.
The post Resolving Only What’s Necessary: Bridging Constitutional Concerns in Trump v. Anderson with Social Media Regulation appeared first on American Enterprise Institute - AEI.

The bottom line is the top-level principle: Florida and Texas violate the platforms' First Amendment rights by interfering with their expressive activities of creating and curating speech communities that serve their users' interests.
The post The First Amendment’s First Principle Dictates Why Social Media Platforms Must Prevail in the NetChoice Cases appeared first on American Enterprise Institute - AEI.

Ultimately, the likelihood of narrow rulings in Moody and Paxton tracks the minimalistic decisions by the Roberts Court The big-picture, pro-business victory eventually should come; it just might take a little longer to get there.
The post Why the Supreme Court’s Rulings on the First Amendment Rights of Social Media Platforms May Be Narrow appeared first on American Enterprise Institute - AEI.

As oral arguments approach, the significance of the Court's decision in Murthy lies in its potential impact on the government's ability to influence the marketplace of ideas and suppress dissenting viewpoints derisively labeled misinformation.
The post How Distorting the Marketplace of Ideas Harms Speakers, Listeners, and Democracy: The Plaintiffs Weigh In on Murthy v. Missouri appeared first on American Enterprise Institute - AEI.

Texas's statute regulating library materials in schools offers a warning to lawmakers who might impose similar self-rating obligations on businesses selling video games to minors or companies operating social media platforms frequented by minors.
The post Forcing Businesses to Rate Their Own Speech: Lessons from a Flawed Texas Statute appeared first on American Enterprise Institute - AEI.

The House bill in Florida, which aims to ban social media use for those younger than 16 years old, fails to pass constitutional muster and overlooks productive solutions to child online safety.
The post Burning the House to Roast the Pig: How Not to Protect Minors on Social Media appeared first on American Enterprise Institute - AEI.