Margot

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

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

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

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

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...

Can't wait for your reporting on this.

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

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....

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!

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

"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

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 EU AI Act, Explained papers.ssrn.com/sol3/papers.... Art. 86 commentary for those interested

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.

| Knight First Amendment Institute

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...

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

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

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...

"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.

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...

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...

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

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

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.)

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....

And Sorrell cited nowhere in TikTok

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.

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/briefing-roo...

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

Completely. And this is very strange to read from SCOTUS in light of Clapper v. Amnesty Int'l. When it's about individual standing, no dice. But government interest? Doesn't matter if speculative.

YES

"Sovereignty over national security policy, rather than the unmitigated free flow of data, is increasingly the name of the U.S. game"

"the United States has in fact taken an increasingly protectionist approach to international data flows in recent years. Rather than carving out exceptions for data privacy, the United States has been establishing a “national security bracket” to trade law..."

My co-authors and I have discussed that it's not correct to characterize the EU as protectionist and the U.S. as "promoting trade over privacy:"
"the United States has in fact taken an increasingly protectionist approach to international data flows in recent years..."
papers.ssrn.com/sol3/papers....