First Amendment

4 briefs

power 2026-04-11

Two Parties, Two Theories of What AI Is

Both parties want to regulate AI, but they disagree on whether the problem is the technology itself or what people do with it, and that gap cannot be bridged.

power 2026-04-11

The Government That Pressed the Mute Button

The DOJ settled a lawsuit confirming the Biden State Department funded tools to suppress protected speech on social media. The settlement admits more than it resolves.

power 2026-04-10

The Pentagon Keeps Losing in Court and Keeps Not Caring

Judge Friedman found the Defense Department in contempt for evading his press access ruling. The administration's plan is not to comply. It is to appeal.

power 2026-04-10

xAI Is Arguing That Math Is Speech. If It Wins, AI Becomes Constitutionally Unregulateable.

The claim that a language model's probability distributions are protected expression under the First Amendment would create a constitutional black box around every AI system in America.