First Amendment – Washington University Law Review

AI safety laws are coming. Researchers, advocates, and the White House agree. Rapidly advancing generative AI technology has immense potential, but it also raises new and serious dangers—deadly bioterrorism, crippling cyberattacks, panoptic discrimination, and more. Regulations designed to effectively mitigate these risks must, by technical necessity, include limits on what AIs are allowed to “say.” But, according to an

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Property Rights v. Taxpayer Rights: The Battle Over Tax Foreclosures

by Stewart E. Sterk

Local governments rely on property taxes to fund many essential public services. Owners who do not pay the taxes impose an increased burden on their taxpaying neighbors. To what extent can local governments interfere with the property rights of delinquent owners in order to safeguard the interests of ordinary taxpayers? In particular, can the government use the foreclosure process in

An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over

by Harvey Reiter

Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect the court to address the issue of universal injunctions.[1] That prediction plainly turned out to be wrong. But I was not wrong that Republican and Democratic administrations alike would continue to be troubled by

Land-Grant Universities

by Michael Banerjee

In their groundbreaking High Country News article on “land-grab universities,” Robert Lee and Tristian Ahtone argue that Congress’s 1862 Morrill Act,[3] which famously granted lands held by the United States to states for the purpose of endowing fifty-two universities, “worked by turning land expropriated from tribal nations into seed money for higher education.[4] “In all,” they write, “the act redistributed

A Stage with Three Kings: EdTech, Sovereignty, and the Future of Transatlantic Data Law

by Qifan Zhang

The landmark Microsoft Ireland case highlights the limits of U.S. law enforcement authority to compel access to data stored abroad during criminal investigations. In 2013, a magistrate judge in the Southern District of New York ordered Microsoft to produce emails held on a server in Dublin, Ireland under the Stored Communications Act of 1986. Microsoft released domestic data but withheld

The Wrong Level of Generality: Misapplying Bruen to Young-Adult Firearm Right

by George A. Mocsary

Three relatively recent appellate opinions—McCoy v. ATF,[2] National Rifle Ass’n v. Bondi,[3] and Rocky Mountain Gun Owners v. Polis[4]—upheld modern restrictions on 18-to-20-year-old adults’ ability to purchase firearms. Each does so by choosing the wrong level of generality in its historical analysis. Rather than ask whether there is a tradition of restricting young adults’ arms rights, McCoy[5] and

Tag: First Amendment

AI Outputs Are Not Protected Speech