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Articles by Ari Cohn
The KIDS Act Is Just as Unconstitutional as KOSA ... Just in Different Words
At the end of June, the House of Representatives passed the KIDS Act (HR 7757) — a package of ostensible online youth safety bills — in a semi-defiant response to the White House-backed Senate kids safety plan.
The FTC’s Threats Against Apple News Are Baseless
The agency’s intimidation tactics would be frightening if they weren’t ridiculous. Illustration by Noah Hickey/The Dispatch (Photo via Getty Images). Illustration by Noah Hickey/The Dispatch (Photo via Getty Images). Turn any article into a podcast. Upgrade now to start listening. Premium Members can share articles with friends & family to bypass the paywall. “The FTC is not the speech police,” FTC Chairman Andrew Ferguson wrote to Apple CEO Tim Cook on February 12.
You can’t eliminate real-world violence by suing over online speech
With so much of our national conversation taking place online, there’s an almost reflexive tendency to search for online causes — and online solutions — when tragedy strikes in the physical world. The murder of Charlie Kirk was no exception. Almost immediately, many (some in good faith, and others decidedly less so) began to postulate about the role played by online rhetoric and polarization. Taking the stage at Utah Valley University to discuss political violence last week, Sens.
California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise.
This week, FIRE wrote to California Governor Gavin Newsom, urging him to veto SB 771, a bill that would allow users and government enforcers to sue large social media platforms for enormous sums if their algorithms relay user-generated content that contributes to violation of certain civil rights laws. Obviously, platforms are going to have a difficult time knowing if any given post might later be alleged to have violated a civil rights law.
Ep. 237: A tech policy bonanza! The FCC, FTC, AI regulations, and more
The answer to that question may tell you all you need to know about the government involving itself in social media content moderation. On today’s show, we cover the latest tech policy developments involving the Federal Communications Commission, Federal Trade Commission, AI regulation, and more. , FIRE’s lead counsel, tech policy.
Florida’s lawsuit against Target: hypocrisy | Your Observer
In February Florida’s attorney general filed a federal lawsuit against the Target Corp. on behalf of the State Board of Administration. The SBA manages the pension system for many government workers in Florida and holds some shares in Target. The lawsuit alleges that Target defrauded investors by not properly disclosing the risk to investors posed by its Pride month activities and products.
Ep. 218: A warning label on social media?
There is a movement afoot to restrict young people’s access to social media and pornography. Critics of social media and online porn argue that they can be harmful to minors, and states across the country are taking up the cause, considering laws that would impose age-verification, curfews, parental opt-ins, and other restrictions.
The Moral Panic Over Internet Porn Can't Overrule the First Amendment Original
A few weeks ago, I went on the Advisory Opinions podcast to convince New York Times columnist (and constitutional lawyer) David French that his ideas about protecting kids from online porn by mandating age verification couldn't survive constitutional scrutiny. In the interim, a federal district court in Texas enjoined just such a law in Free Speech Coalition v. Colmenero, finding it likely unconstitutional. Nevertheless, French has persisted.
Republican AGs Decide That Coercive Jawboning Is Good, Actually (When They Do It)
from the the-hypocrisy,-it-burns dept Ari Cohn It will surprise nobody to learn that when politicians trumpet the First Amendment, they are generally referring only to expression that they agree with. But occasionally, they demonstrate their hypocrisy in a fashion so outrageously transparent that it shocks even the most cynical and jaded First Amendment practitioners. Last week, we were treated to just such an instance, courtesy of seven Republican Attorneys General.
How a Bogus Lawsuit Led to the Titan Sub Tragedy Original
When OceanGate's Titan submersible imploded on a trip to the Titanic wreckage- killing CEO Stockton Rush and four others-a lot was revealed about Rush and his company. But the biggest takeaway from the disclosures is that Rush did not take criticism well. Perhaps this is not surprising. Rush was born into money, which itself provides a fair amount of insulation from criticism.
Republican AGs Decide that Coercive Jawboning is Good, Actually
It will surprise nobody to learn that when politicians trumpet the First Amendment, they are generally referring only to expression that they agree with. But occasionally, they demonstrate their hypocrisy in a fashion so outrageously transparent that it shocks even the most cynical and jaded First Amendment practitioners. Last week, we were treated to just such an instance, courtesy of seven Republican Attorneys General.
Texas Legislature Convinced First Amendment Simply Does Not Exist
from the it's-time-for-them-to-learn dept Ari Cohn Over the past two years, there has been a concerted push by state legislatures to regulate the Internet, the likes of which has not been seen since the late 90s/early aughts. Content moderation, financial relationships between journalists and platforms, social media design and transparency, “national security,” kids being exposed to “bad” Internet speech—you name it, a state legislature has introduced an unconstitutional bill about it.
Texas Legislature Convinced First Amendment Simply Does Not Exist
Over the past two years there has been a concerted push by state legislatures to regulate the Internet, the likes of which has not been seen since the late 90s/early aughts. Contentmoderation, financial relationships between journalists and platforms, social media design and transparency, “national security,” kids being exposed to “bad” Internet speech—you name it, a state legislature has introduced an unconstitutional bill about it.
If You Believe In Free Speech, The GOP’s “Weaponization” Subcommittee Is Not Your Friend
from the weaponizing-the-government-against-weaponizing-the-government dept “Politics,” the writer Auberon Waugh liked to say, “is for social and emotional misfits.” Its purpose is “to help them overcome these feelings of inferiority and compensate for their personal inadequacies in the pursuit of power.” You could accuse old Bron of painting with a rather broad brush, and you would be right. But he plainly understood the likes of Kevin McCarthy.
Musk, Twitter, Bluesky & The Future Of Content Moderation (Part II)
from the there-are-ways... dept In Part I, we explained why the First Amendment doesn’t get Musk to where he seemingly wants to be: If Twitter were truly, legally the “town square” (i.e., public forum) he wants it to be, it couldn’t do certain things Musk wants (cracking down on spam, authenticating users, banning things equivalent to “shouting fire in a crowded theatre,” etc.).
Musk, Twitter, Why The First Amendment Can’t Resolve Content Moderation (Part I)
from the let's-see-how-that-works-in-practice dept “Twitter has become the de facto town square,” proclaims Elon Musk.
The Top Ten Mistakes Senators Made During Today's EARN IT Markup
from the getting-everything-wrong dept Today, the Senate Judiciary Committee unanimously approved the EARN IT Act and sent that legislation to the Senate floor. As drafted, the bill will be a disaster. Only by monitoring what users communicate could tech services avoid vast new liability, and only by abandoning, or compromising, end-to-end encryption, could they implement such monitoring.
The Top Ten Mistakes Senators Made During Today's EARN IT Markup
from the getting-everything-wrong dept Today, the Senate Judiciary Committee unanimously approved the EARN IT Act and sent that legislation to the Senate floor. As drafted, the bill will be a disaster. Only by monitoring what users communicate could tech services avoid vast new liability, and only by abandoning, or compromising, end-to-end encryption, could they implement such monitoring.
EPISODE 5 (Wagatha Christie, Trump v CNN) - Guest Ashley Cullins
EPISODE 4 (Fox News & The Big Lie, MAGA Hat Kid Lawsuits) SLANDERTOWN is a podcast that dives into First Amendment slugfests. No beef too small, no lawsuit too petty. EPISODE 4: Dan and Ari discuss two lawsuits against the news media that are trending in opposite directions: Dominion Voting Systems v Fox News and Nicholas Sandmann (aka the MAGA Hat Kid) vs everybody else. Tanvi is on vacation.
EPISODE 4 (Fox News & The Big Lie, MAGA Hat Kid Lawsuits) by SLANDERTOWN
EPISODE 4 (Fox News & The Big Lie, MAGA Hat Kid Lawsuits) SLANDERTOWN is a podcast that dives into First Amendment slugfests. No beef too small, no lawsuit too petty. EPISODE 4: Dan and Ari discuss two lawsuits against the news media that are trending in opposite directions: Dominion Voting Systems v Fox News and Nicholas Sandmann (aka the MAGA Hat Kid) vs everybody else. Tanvi is on vacation.
Section 230 Continues To Not Mean Whatever You Want It To
from the 230-truthers dept Fri, Jul 9th 2021 10:41am — Ari Cohn In the annals of Section 230 crackpottery, the "publisher or platform" canard reigns supreme. Like the worst (or perhaps best) game of "Broken Telephone" ever, it has morphed into a series of increasingly bizarre theories about a law that is actually fairly short and straightforward. Last week, this fanciful yarn took an even more absurd turn.
Thread by @AriCohn on Thread Reader App
1/ We are locked and loaded. Welcome to the livetweet of the preliminary injunction hearing in NetChoice v. Moody, where the court will hear arguments about whether Florida should be enjoined from enforcing its unconstitutional social media law #SB7072.
COHN: Trading Big Tech For Big Government Will Backfire For Conservatives
Many conservatives celebrated this week when Florida Governor Ron DeSantis signed his marquee Transparency in Technology Act into law. The law, conservatives hope, will rein in “Big Tech” companies by preventing them from banning certain users or removing content that platforms find objectionable. Their celebration will be short-lived. In the near-term, because the law is unconstitutional and its primary provisions are unlikely to ever be enforced.
Florida Gov. Ron DeSantis social media bill unconstitutional, unwise
Gov. Ron DeSantis claims his Transparency in Technology Act would protect free speech. The bill restricts how social media sites moderate objectionable content and requires “detailed definitions” of what content is prohibited. But the bill’s entire premise is backwards. As private entities, social media companies are not bound by First Amendment restrictions. In fact, they have their own First Amendment right to determine who may publish using their websites, and what messages will be allowed.
Governor's social media bill is unconstitutional and unwise | Opinion
Gov. Ron DeSantis claims his Transparency in Technology Act would protect free speech. The bill restricts how social media sites moderate objectionable content and requires “detailed definitions” of what content is prohibited. But the bill’s entire premise is backwards. As private entities, social media companies are not bound by First Amendment restrictions. In fact, they have their own First Amendment right to determine who may publish using their websites, and what messages will be allowed.
Commentary: It is not the government’s job to promote ‘fairness’ online
What’s good for the pâtisserie is good for the platform. A man wearing a face mask walks near a TV screen showing an image of U.S. President Donald Trump's twitter during a news program at the Seoul Railway Station in Seoul, South Korea, Friday, Oct. 2, 2020. Trump said early Friday that he and first lady Melania Trump have tested positive for the coronavirus, a stunning announcement that plunges the country deeper into uncertainty just a month before the presidential election.
The Wall Street Journal Misreads Section 230 and the First Amendment
When private tech companies moderate speech online, is the government ultimately responsible for their choices? This appears to be the latest argument advanced by those criticizing Section 230 of the Telecommunications Act of 1996—sometimes known as Section 230 of the Communications Decency Act. But upon closer scrutiny, this argument breaks down completely.
The Wall Street Journal Misreads Section 230 and the First Amendment
When private tech companies moderate speech online, is the government ultimately responsible for their choices? This appears to be the latest argument advanced by those criticizing Section 230 of the Telecommunications Act of 1996—sometimes known as Section 230 of the Communications Decency Act. But upon closer scrutiny, this argument breaks down completely.
Do Non-Lawmakers Have A First Amendment Right To Speak Before A Legislative Body? It’s A Question In Texas After A Man Testified Wearing A Profane T-Shirt
There is an ongoing dust up involving the First Amendment, allegations of prohibited viewpoint discrimination and legislative immunity in the Texas Senate. It’s fascinating stuff for political scientists, political practitioners, and journalists.
GOP official launches misguided attempt to stop Jane Fonda speech at Kent State
It seems that Ohio Secretary of State Frank LaRose has a bee in his green beret over Kent State University’s decision to invite Jane Fonda to speak at the 50th commemoration of the Kent State massacre — the killing of four unarmed anti-war protesters by the Ohio National Guard on May 4, 1970.
Tulsi Gabbard’s defamation lawsuit against Hillary Clinton for ‘Russian asset’ smear sets problematic precedent
While President Trump hasn’t made good on his fantastical threat to “open up our libel laws,” several disgruntled, petty politicians from across the political spectrum have taken up the torch. Yesterday, Rep. Tulsi Gabbard joined the fray with a $50 million lawsuit against Hillary Clinton, who in October 2019 said about the Hawaii Democrat and 2020 presidential candidate: "She's the favorite of the Russians. They have a bunch of sites and bots and other ways of supporting her so far ...
Content moderation stories at Techdirt.
from the judge-to-trump:-this-is-not-how-any-of-this-works dept As you probably recall, former President Donald Trump sued various social media companies for kicking him off their platforms, claiming (absolutely ridiculously) that private companies deplatforming the President of the United States violated his 1st Amendment rights, and claiming that Section 230 was unconstitutional. As we noted at the time, this is not how any of this works. The lawsuits have not gone very well.
The State of Free Speech on College Campuses
University officials across the country are trying to reconcile two conflicting free speech concerns: the right of students and demonstrators to protest speakers they find controversial and the right of these commentators to speak on college campuses. Last month, the University of Chicago released a report with recommendations for dealing internally with disruptive conduct and protests at university events.
On University of Tampa’s termination of Ken Storey
FIRE is aware that the University of Tampa terminated professor Ken Storey after reports surfaced of his now-deleted tweet implying that Hurricane Harvey was “instant karma” for Texas voting Republican in the last presidential election. Storey has since tweeted an apology. We are concerned by this potential threat to freedom of expression and are investigating this dismissal. While the University of Tampa is a private institution, it promises its faculty freedom of expression.
Corpus Christi choir spreads holiday cheer through multicultural concert - Ahwatukee Foothills News: Holly
The two concerts offer a chance for Matthew Henry, Corpus Christi’s director of music, to combine all the singers from the five Masses at the church into one group. There will be upward of 50 congregants singing in this year’s Christmas concert. “I like to take it as an opportunity to create a program for the season during Easter and Christmas,” he said. The concert will offer a more multicultural atmosphere this year, as the choir will perform Spanish, German and French holiday music.
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