Misguided Federalism: State Regulation of the Internet and Social Media (2023) 102 N.C. L.Rev. 1
This article, written by Alex Chemerinsky and Erwin Chemerinsky, surveys recent attempts by both left- and right-leaning states to require or restrict internet platforms’ editorial discretion. The article argues that such attempts are usually unconstitutional, preempted by federal law, and are bad policy. If platforms’
GMSR Welcomes Alex Chemerinsky To The Team
GMSR is thrilled to welcome Alex Chemerinsky to the team! Alex joins us after clerking with Judge Roslyn Silver (U.S. District Court for the District of Arizona) and Judge Robert Bacharach (U.S. Court of Appeals for the Tenth Circuit).
Tears of Scrutiny (2022) 57 Tulsa L.Rev. 341
For decades, jurists and scholars have claimed that there are three tiers of judicial scrutiny in constitutional law cases: rational basis, intermediate, and strict. This article argues that the Supreme Court subtly invented a four tier, exacting scrutiny, which it applies in varying ways in
Social Media, Freedom of Speech, and the Future of our Democracy: The Golden Era of Free Speech
This book chapter appears alongside others written by influential legal scholars and U.S. senators. It asserts that Congress created a “golden era” of free speech online by immunizing most internet platforms from internet liability for user-generated content, and pushes back against calls to amend the
Mass Shootings and Hate Speech—What Can the Government Do?
Published in the wake of the horrible shooting in Buffalo, New York in 2022, this op-ed discussed what, if anything, New York could do to combat hate speech online. The authors explained that although New York could investigate social media platforms’ content moderation decisions, the
Op-Ed: Another bad Texas idea: Make it illegal to take down vicious social media content
This op-ed criticized a law enacted in Texas that heavily restricted internet platforms’ ability to moderate user-generated content. The op-ed argued that the Texas law was unwise, unconstitutional, and preempted by federal law. The law in question will be reviewed by the Supreme Court in
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