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Alan Z. Rozenshtein
Posts

What Counterman Means for Prosecuting Trump Over Jan. 6
Earlier today, the Supreme Court issued its opinion in Counterman v. Colorado, holding that when a defendant is prosecuted for communicating a violent threat, the...

ChatGPT and the First Amendment: Whose Rights Are We Talking About?
Last week, Benjamin Wittes argued that, in developing large language models (LLMs) like ChatGPT, “We have created the first machines with First Amendment rights.” He...

Call for Papers: Cybersecurity Law and Policy Scholars Conference 2023
The third annual Cybersecurity Law and Policy Scholars Conference (CLPSC) will take place at the Fletcher School of Law and Diplomacy at Tufts University on...

Extreme Facts Make Easy Law: D.C. Circuit Appears Ready to Issue a Narrow Ruling Against Civil Immunity for Donald Trump
Lawyers pleading their client’s cases are often tempted to argue narrowly, focusing the court’s attention on the unique facts that go in their favor and...

The Lawfare Podcast: The Paradox of Democracy
We often use the terms democracy and liberal democracy interchangeably, but they’re not the same thing. Democracy means majority rule and public participation. Liberal democracy...

The Lawfare Podcast: How the Police Contributed to the January 6th Insurrection
Many individual police officers acted heroically on January 6th. But the successful attack on the Capitol by a pro-Trump mob, seeking to disrupt the certification...

First Amendment Absolutism and Florida’s Social Media Law
Last week the Eleventh Circuit upheld an injunction of most of Florida’s controversial S.B. 7072, which restricts “censorship” and “deplatforming” by the biggest social media...

Call for Papers: Cybersecurity Law and Policy Scholars Conference 2022
The second annual Cybersecurity Law and Policy Scholars Conference (CLPSC) will take place at the University of Minnesota Law School on September 23-24, 2022. The...

Seditious Conspiracy Is the Real Domestic Terrorism Statute
Domestic terrorism has an unusual status in federal criminal law. On the one hand, the law defines domestic terrorism, but only for the purpose of...

What If Trump Were Still the President?
Because Donald Trump had the good fortune of avoiding a major foreign-policy crisis during his four years in office, the United States never experienced the...

Silicon Valley’s Speech: Technology Giants and the Deregulatory First Amendment
Silicon Valley—led by giant technology companies like Amazon, Google, Facebook, and Microsoft, which increasingly control our on- and off-line lives—used to be the poster child...

Technology Giants and the Deregulatory First Amendment
Silicon Valley—led by giant technology companies like Amazon, Google, Facebook, and Microsoft, which increasingly control our on- and off-line lives—used to be the poster child...