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Reposted by Margot

James Grimmelmann @jtlg.bsky.social · 10d

See also Alan Chen's response, Pluralism and Listeners' Choices Online.

southerncalifornialawreview.com/2025/09/25/p...

Pluralism and Listeners’ Choices Online – Southern California Law Review

“The plain, if at times disquieting, truth is that in our pluralistic society, constantly proliferating new and ingenious forms of…

southerncalifornialawreview.com

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Reposted by Margot

James Grimmelmann @jtlg.bsky.social · 10d

Listeners' Choices Online is now online. I hope you will choose to listen to it!

james.grimmelmann.net/files/articl...

james.grimmelmann.net

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Reposted by Margot

Danny Wilf-Townsend @dannywt.bsky.social · 17d

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...

Should drafters be penalized for clearly unenforceable terms? - Courts Law

Daniel Wilf-Townsend, Deterring Unenforceable Terms, 111 Va. L. Rev. __ (forthcoming 2025), available at SSRN (June 6, 2024).Maureen CarrollMost of us (if not all) have entered a contract with one or ...

courtslaw.jotwell.com

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Margot @margotkaminski.bsky.social · Sep 9

Can't wait for your reporting on this.

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Margot @margotkaminski.bsky.social · Sep 9

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

AI Disgorgement or AI Recalls: A Trip down Remedy Lane - Technology Law

Daniel Wilf-Townsend, The Deletion Remedy, 103 N. Car. L. Rev. __ (forthcoming 2025), available at SSRN (Sept. 20, 2024). Christina Lee, Beyond Algorithmic Disgorgement: Remedying Algorithmic Harms, ...

cyber.jotwell.com

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Reposted by Margot

Daniel Solove @daniel-solove.bsky.social · Aug 4

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....

An American's Guide to the EU AI Act

<p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma

papers.ssrn.com

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Andrew Selbst @aselbst.bsky.social · Jul 31

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!

Margot @margotkaminski.bsky.social · Jul 31

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

An American's Guide to the EU AI Act

<p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma

papers.ssrn.com

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Margot @margotkaminski.bsky.social · Jul 31

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

An American's Guide to the EU AI Act

<p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma

papers.ssrn.com

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Margot @margotkaminski.bsky.social · Jul 25

"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

thehill.com

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Margot @margotkaminski.bsky.social · May 21

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 AI Act

This chapter offers a comprehensive analysis of Article 86 of the EU Artificial Intelligence Act, which introduces a right to explanation for individuals affect

papers.ssrn.com

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Margot @margotkaminski.bsky.social · May 20

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

The Right to Explanation in the AI Act

This chapter offers a comprehensive analysis of Article 86 of the EU Artificial Intelligence Act, which introduces a right to explanation for individuals affect

papers.ssrn.com

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Margot @margotkaminski.bsky.social · May 15

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.

Regulating the Risks of AI

Companies and governments now use Artificial Intelligence (“AI”) in a wide range of settings. But using AI leads to well-known risks that arguably present chall

papers.ssrn.com

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Alex Abdo @alexabdo.bsky.social · May 7

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...

| Knight First Amendment Institute

knightcolumbia.org

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Margot @margotkaminski.bsky.social · Apr 26

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

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Reposted by Margot

Heidi Kitrosser @heidikitrosser.bsky.social · Apr 16

Tax ppl can speak to the statutory and regulatory questions. But as a 1st Amendment person, I can tell you that this is wildly lawless as a constitutional matter. Govt subsidies & exemptions are not free-for-alls to impose viewpoint based restrictions. Plus this is a nesting doll of violations - 1/2

Phil Lewis @phillewis.bsky.social · Apr 16

The IRS is making plans to rescind the tax-exempt status of Harvard University, CNN reports

IRS making plans to rescind Harvard’s tax-exempt status | CNN Politics

The Internal Revenue Service is making plans to rescind the tax-exempt status of Harvard University, according to two sources familiar with the matter, which would be an extraordinary step of retaliat...

www.cnn.com

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Margot @margotkaminski.bsky.social · Apr 5

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...

cdn.ca9.uscourts.gov

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Margot @margotkaminski.bsky.social · Feb 28

"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.

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Margot @margotkaminski.bsky.social · Feb 28

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...

From Gods to Google

The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court’s libertarian turn, we offer another explanation: the Court’s solicitude for religious spe...

www.yalelawjournal.org

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Margot @margotkaminski.bsky.social · Feb 28

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

28th Annual BTLJ-BCLT Spring Symposium: AI Governance at the Crossroads

www.law.berkeley.edu

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Margot @margotkaminski.bsky.social · Feb 6

I'm just now reading the Fifth Circuit opinion in Free Speech Coalition. It's another example of From Gods to Google: use of NIFLA to find unconstitutional a warning label requirement. (Albeit a probably unconstitutional requirement, for other reasons. But this is how bad precedent gets made.)

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Margot @margotkaminski.bsky.social · Feb 5

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....

From Gods to Google

<p>The First Amendment has become a significant barrier to sensible technology regulation. The conventional explanation for this is the Court’s deregulatory tur

papers.ssrn.com

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Margot @margotkaminski.bsky.social · Jan 18

And Sorrell cited nowhere in TikTok

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Margot @margotkaminski.bsky.social · Jan 17

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.

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Margot @margotkaminski.bsky.social · Jan 17

www.whitehouse.gov/briefing-roo...

Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern | The White House

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the

www.whitehouse.gov

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Margot @margotkaminski.bsky.social · Jan 17

Turner I & II: the new [scrutiny] law of the internet. You could see this coming post-Moody v. NetChoice; this cements it.

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