In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like Backpage.com that helped sex traffickers accomplish their crimes while profiting handsomely. But the legislative outcome of this congressional focus, the Fighting Online Sex Trafficking Act of 2018, has done little to curtail sex trafficking. Indeed, that law has made life more dangerous for sex workers and created difficulties for prosecutors pursuing cases against sex traffickers. Congress wasn’t wrong to focus its energies on content platforms enabling harmful illegality. But FOSTA wasn’t the right way to incentivize platforms to tackle illegal sex trafficking, let alone other forms of destructive illegality.
National security decisions pose a paradox: they are among the most consequential a government can make, but are generally the least transparent to...
Musk’s attempts to gain access to agency databases is an egregious violation of the act, which protects personal information from abuse.
Between November and December 2024, news articles reported widespread incidents of small- and medium-sized drones flying across northeastern U.S...
Children should be seen and not heard, or so the old saying goes. A new version of this adage is now playing out across the United States, as more...
A resilience agenda is an essential part of protecting national security in a digital age. Digital technologies impact nearly all aspects of everyday...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
Today, intimate privacy—which seeks to protect access to and information about our body, health, sexuality, gender, intimate thoughts, desires...
This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
Congress and state legislatures are showing renewed interest in youth privacy, proposing myriad new laws to address data extraction, addiction...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...
For the Balkinization Symposium on Neil S. Siegel, The Collective-Action Constitution (Oxford University Press, 2024)
Neil Siegel has written a grand...
In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...
Content moderation is typically viewed as an affront to free expression. When companies remove online abuse, they face accusations of censorship. Lost...
This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...
In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove...
The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution...