David Greene

@davidgreene.bsky.social

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Civil Liberties Dir. @EFF, 1st Amdt prof @ USF, ex-SFSU. NOT any of the other David Greenes, like the ex-NPR host, the ex-UGA QB, or the 1 who directed Grease. Posts r mine only, so hands off.

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join me (plus special guests too)

Join EFF's Civil Liberties Director David Greene on July 18th for a livestream discussion about the U.S. Supreme Court's recent opinions on technology and civil liberties. eff.org/livestream-scotus

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David Greene

I'm quoting this whole thread, but I mostly want to highlight David's point about how Alito (and, honestly, so many other people) doesn't see sex censorship as censorship.

Some thoughts on Alito's concurrence in the Netchoice cases in which he disagrees with the 5+ other justices who wrote that social media platforms have 1st Amendment rights to curate user speech (& he also disagrees with ME). His opinion is poorly reasoned and ahistorical. But 2 special points:

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David Greene

EFF has said time and again that age verification mandates are surveillance systems which undermine anonymity and privacy of all, don’t work as intended, and chill access to speech online. (1/4)

California Lawmakers Should Reject Mandatory Internet ID Checkswww.eff.org California lawmakers are debating an ill-advised bill that would require internet users to show their ID in order to look at sexually explicit content. EFF has sent a letter to California legislators

After choosing not to use Murthy v MO to clarify the line between permissible persuasion and impermissible coercion, the Supreme Court, unsurprisingly, denies cert in O'Handley v Weber, which would have presented that chance as well (though was also dodge-able on redressability as in Murthy)

One way to break down the Netchoice decisions from SCOTUS today: 5 votes for "algorithms" being virtue-neutral 3 votes for "algorithms" being pernicious 1 vote for still thinking about it

Because reading the various Netchoice opinions was not enough, the SD Miss just preliminarily enjoined Mississippi's age verification law (it was due to take effect today)

Barrett, concurring, might be previewing how she would rule in a different case that might be on the Court's docket next term:

A longer analysis is int eh works. But here's our preliminary statement on the Netchoice decisions www.eff.org/deeplinks/20...

EFF's Statement on the Netchoice Decisionswww.eff.org The Supreme Court correctly found that social media platforms, like newspapers, bookstores, and art galleries before them, have First Amendment rights to curate and edit the speech of others they

How does the Netchoice decision affect transparency mandates? You have to look at footnote 3 where the Court seems to imply(?) that Zauderer (the less demanding compelled speech standard applied to noncontroversial, factual commercial speech) applies. What do you think @ericgoldman.bsky.social ?

The First Amendment analysis in the Netchocie decision is solid (once you look past the Court really hating facial challenges to even obviously bad laws). It confirms that laws that interfere with editorial decisions are void. But allows other laws that don't target the editorial process.

Let's take a moment fully savor this shout out to competition law as an alternative to editorial commandments when dealing with problem sof market power by large social media companies:

Netchoice TLDR on the First Amendment issues: Contenet moderation is curatorial speech governed by Miami Herald Co. v. Tornillo (and it is a good time to remind everyone that Mr. Tornillo, who was of Italian heritage pronounced the Ls) Hidden in a fn: Zauderer governs compelled explanations

Netchoice is out and Justice Kagan has unkind words for the Fifth Circuit's bespoke free speech jurisprudence. www.supremecourt.gov/opinions/23p...

www.supremecourt.gov

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David Greene

While you're waiting for Monday's Netchoice decision, take a look at the federal court order that just put Indiana's online age verification mandate on hold. assets.freespeechcoalition.com/documents/le...

assets.freespeechcoalition.com

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David Greene

This is VERY cool. CSPAN turned the interview I did about the history of government surveillance and turned it into a teachable lesson, with discussion questions, for their Tech Social Studies curricula.

U.S. Government Information Collection and Surveillance | C-SPAN Classroomwww.c-span.org

assets.freespeechcoalition.com

Reposting this since now y'all have the whole weekend to noodle over the upcoming Netchoice opinions

For those looking for signs as we wait for the Netchoice decisions, the Murthy opinion shows that the Court understands that platforms routinely moderate user speech in various ways and have for along time. They are not "passive" with respect to user speech as some feared Taamneh would be read.

The cases left for SCOTUS to decide on Monday: Netchoice (x2) Trump immunity Corner Post v Fed Reserve (regarding when APA claims accrue)

Hey folks! We're going to get the Netchoice decisions on the same day as the Trump immunity! That will be ... fun.

Clearly the Court did not understand that I promised Mike Netchoice would come out this week. Preparing my emergency petition now ....

WTF. No Netchoice decision today

The TikTok ban is a prior restraint subject to the most exacting First Amendment scrutiny, even in the face of national security assertions. The US will be hard-pressed to justify this blunderbuss, ham-fisted approach, so says us and some fellow amici to the DC Cir. www.eff.org/press/releas...

Government Has Extremely Heavy Burden to Justify TikTok Ban, EFFwww.eff.org SAN FRANCISCO — The federal ban on TikTok must be put under the finest judicial microscope to determine its constitutionality, the Electronic Frontier Foundation (EFF) and others argued in a

But surely Netchoice will come out tomorrow ....

Supreme Court had decided to ruin my vacation. Decision day added on Monday.

The daily "Does anybody really want this?" AI application question: arstechnica.com/information-...

AI-generated Al Michaels to provide daily recaps during 2024 Summer Olympicsarstechnica.com AI voice clone will narrate daily Olympics video recaps; critics call it a "code-generated ghoul."

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David Greene

The government has a very heavy burden to justify its TikTok ban, EFF and others told an appeals court. The law is subject to strictest First Amendment scrutiny because it directly restricts and is a prior restraint on speech; simply citing national security isn’t enough.

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David Greene

If mandatory ID check laws continue to be passed in states, it will affect more than just adult content websites. California lawmakers shouldn’t join this misguided legislative trend.

No Netchoice opinions today. Still 7 cluster of cases left to be decided. Seems liklee]y the Court will add another decision day next week, otherwise tomorrow will be ... busy. Still TBD: trump immunity, Chevron doctrine (x2), Jan 6 cases, Grants Pass, Netchoice (x2) and more.

Missouri jawboning for me but not for thee

Would be really cool if we has some kind of free library that would preserve all of this stuff for history and cultural study that the industry did not true to sue out of existence.

2002: "Careful, kids, the Internet is forever!" 2024: "Oh, hey, all the work you did for a decade of your life was just deleted from the Internet for Business Reasons." latenighter.com/news/paramou...

Paramount Axes Comedy Central Site, 25+ Years of Daily Show Clips Gonelatenighter.com One of the richest repositories of late-night videos—including 25 years of clips from 'The Daily Show' and the entire run of 'The Colbert Report'—is no longer.