Close readings of cases, statutes, and regulatory actions. We write for practitioners and informed general readers who want to understand what courts and agencies are actually deciding.
Jan 2025
Section 230 After NetChoice: What the Court Left Unsaid
A close reading of the 2024 NetChoice opinions, the doctrinal questions they resolved, and the larger questions they deliberately avoided.
First Amendment
Feb 2025
Compelled Speech and Algorithmic Curation After Moody v. NetChoice
Examines whether must-carry and must-not-carry obligations on platforms constitute compelled speech under the First Amendment as clarified by Moody.
First Amendment
Dec 2024
FTC v. Amazon: What the Complaint Reveals About Modern Monopolization Theory
An analysis of the FTC's Amazon complaint as a window into how enforcement agencies are attempting to modernize Sherman Act Section 2 doctrine.
Antitrust
Nov 2024
Loper Bright and the Future of FCC Rulemaking Authority
Traces the implications of the Court's Chevron overruling for the FCC's ability to promulgate broadband and platform regulations.
Administrative
Oct 2024
Copyright and the Training Data Question: Where Courts Are Headed
Surveys pending litigation over AI training data and sketches the likely doctrinal paths courts will take to resolve the fair use question.
IP
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