Is Free Speech for Assholes?

The College of Law at the University of Arizona is holding a First Amendment conference in February; the public lecture, which features a bevy of free speech luminaries, is titled, “Is Free Speech for Assholes?” The panel will debate the virtues and pitfalls of current First Amendment doctrine, from corporate speech to hate speech to […]

Copyright = Speech

I have an essay coming out in volume 65 of the Emory Law Journal, as part of the terrific 2015 Thrower Symposium. It’s titled “Copyright = Speech,” and here’s the abstract: Expression eligible for copyright protection should be presumptively treated as speech for First Amendment purposes. Both copyright and the First Amendment share the goal […]

Against Jawboning and Outrageous and Irrational

Volume 100 of Minnesota Law Review has just been published. “Against Jawboning” is in the first issue, along with co-blogger / spouse Jane Bambauer, whose article “Outrageous and Irrational” is co-authored with constitutional law / First Amendment expert and friend Toni Massaro. Minnesota LRev continues to be one of the top venues for publishing information […]

Backpage, Dominatrixes, and a Victory Against Jawboning

Sheriff Thomas Dart, of Cook County, is a crusader against prostitution, sex trafficking, and related criminal activity. He has concentrated his efforts recently on Internet platforms such as Craigslist and Backpage, which have an “adult” section as thriving and variegated in its offers as any free weekly newspaper in a major metropolitan area. Dart is […]

Sharing Shortcomings

I have a new essay coming out in Loyola University Chicago Law Journal titled Sharing Shortcomings. Comments and feedback are very much welcomed. Here’s the abstract: Current cybersecurity policy emphasizes increasing the sharing of threat and vulnerability information. Legal reform is seen as crucial to enabling this exchange, both within the public and private sectors […]

In Memoriam: Greg Lastowka

I am deeply saddened to learn of the news of the death of my friend Greg Lastowka, a professor at Rutgers-Camden School of Law. Greg was a pioneer in studying virtual worlds and video games, and his work forms a good part of the foundation in that field. His work had that wonderful quality of […]

Privacy in a Data Collection Society

Jane and I are here with a great group of presenters and attendees at a conference at Loyola University Chicago School of Law, Privacy in a Data Collection Society. I’m speaking this afternoon on the folly of information sharing as a means of improving cybersecurity, and I’ll post a cleaned-up draft of my remarks here […]

Against Jawboning

I’d be grateful for feedback on a new draft article, Against Jawboning, coming out in volume 100 of the Minnesota Law Review. Here’s the abstract: Despite the trend towards strong protection of speech in U.S. Internet regulation, federal and state governments still seek to regulate on-line content. They do so increasingly through informal enforcement measures, […]

Big Pharma: the New Hustler

That’s the provocative thesis of Jane’s post over at Balkinization for the conference Public Health in the Shadow of the First Amendment. Worth a read! And here’s her second post.

Celebrities, Copyright, and Cybersecurity

The fall began with a wave of hacked nude celebrity photos (as Tim notes in his great post). The release generated attention to the larger problem of revenge porn – or, more broadly, the non-consensual sharing of intimate media. Legislators and scholars have moved to tackle the problem. Danielle Citron proposes a model statute for criminalizing revenge […]