Berin Szóka
Lawfare
France
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Past articles by Berin:
Justice Thomas's Misguided Concurrence on Platform Regulation
The justice’s speculations on the possibilities for regulating social media platforms are already changing the tone of the debate on the political right—but he makes a weak argument. → Read More
No, Florida Can’t Regulate Online Speech
Republican Governor Ron DeSantis has promised that Florida will soon enact “the most ambitious reforms yet proposed” for “holding ‘Big Tech’ accountable.” There’s just one problem: It’s unconstitutional. → Read More
The Wall Street Journal Misreads Section 230 and the First Amendment
In a new Wall Street Journal op-ed, Philip Hamburger argues that “the government, in working through private companies, is abridging the freedom of speech.” This argument doesn’t hold water. → Read More
Why we need Section 230 more than ever
Section 230 enables private website operators to do what the First Amendment says the government may not: at least try to clean up the internet. Yes, we should pressure websites to do more, but without Section 230, that won’t work. → Read More
Republicans' cognitive dissonance about Congress
Lawmakers have effectively ceded the lawmaking function to unelected, unaccountable agencies—without effective oversight → Read More
Political interference at DOJ threatens the rule of law, and Congress needs to act
Congress should act now to reinforce the norm of DOJ independence — for this president and his successors. → Read More
A sleepy federal consumer agency is about to become very political
Weighing each case on its merits and focusing on harm to consumers won’t satisfy populists, but it’s exactly what the FTC is supposed to do. → Read More
Only Congress, Not the FCC, Can Fix Net Neutrality
Opinion: The FCC isn't the one that can resolve the net neutrality issue. Congress can. → Read More
Court Stay Signals Loss for FCC on Prison Payphone Reform
This article originally appeared at techfreedom.org. Today, the D.C. Circuit Court of Appeals stayed, for the second time, an FCC Order attempting to lower prison payphone phone calling rates. Back in 2003, Martha Wright had petitioned the FCC for relief, […] → Read More
Apple eBooks Case: Supreme Court Refuses to Defend Permissionless Innovation
This article originally appeared at techfreedom.org. Today, the Supreme Court declined to review a Second Circuit decision that held Apple violated the antitrust laws by fixing ebook prices when, in preparing to launch its own iBookstore, it negotiated a deal […] → Read More
Bipartisan Digital Security Commission Is Only Way to Avoid PATRIOT-Style Legislative Panic
This article originally appeared at techfreedom.org. Today, Rep. Michael McCaul (R-TX) and Sen. Mark Warner (D-VA) introduced legislation to create a blue ribbon commission that would examine the challenges encryption and other forms of digital security pose to law enforcement and […] → Read More
FCC Violates Basic Legal Principles in Rush to Regulate Set-Top Boxes
This article originally appeared at techfreedom.org. Today, the FCC voted on a Notice of Proposed Rulemaking that would force pay-tv or multichannel video programming distributors (MVPDs) to chang... → Read More
TechFreedom Sues the FAA on Drone Regulations
This article originally appeared at techfreedom.org. TechFreedom has sued the Federal Aviation Administration (“FAA”) to overturn the agency’s recently adopted “interim” drone regulations, which re... → Read More
20 Years Later: Congress Didn’t See the Internet Coming
This article originally appeared at techfreedom.org. Twenty years ago today, President Clinton signed the Telecommunications Act of 1996. John Podesta, his chief of staff immediately saw the proble... → Read More
Congress Must Protect Online Speech from Frivolous Lawsuits
This article originally appeared at techfreedom.org. Today, TechFreedom and a coalition of free-market groups urged Congress to protect Americans against malicious or frivolous litigation that thre... → Read More