I have been a proud Luddite against social media ever since Instagram, Snapchat, and other platforms have captured the attention of my generation. Those around me know to avoid the topic if they do not want to listen to a condescending rant that reminds them of their grandmother. I begrudgingly maintain a Linkedin account, but other than that, I try to stay true to my belief that social media should play an extremely limited role, if any, in our society. My initial convictions about this subject began after listening to Jonathan Haidt, a social psychologist at NYU, give a lecture connecting the youth mental health crisis to the prevalent usage of smartphones and social media among Gen Z. Many of my psychology classes and internship experiences during my undergrad years reaffirmed these beliefs, and I have not shut up about it since.
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Should the First Amendment Protect Generative AI Outputs?
This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.
The most important free speech question of the decade may not be about social media. It may be about chatbots. As generative AI reshapes how people communicate, courts and legislators must confront whether and how the First Amendment protects AI outputs. Last year, the first court to face this question punted, explaining at the motion to dismiss stage that it was “not prepared” yet to hold that a large language model’s output is speech. That case settled without a definitive answer. But the question won’t stay dormant, and First Amendment principles compel a clear conclusion: many chatbot outputs are protected speech, which should shape how courts handle AI-related litigation.
Continue readingSupreme Court Considers FCC’s Jury Trial Problem
This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.
The Federal Communications Commission (FCC) has loomed large on the Supreme Court’s docket recently. Last term, the Justices addressed E-Rate fraud prevention efforts, the agency’s authority to bind courts, and the constitutionality of its Universal Service Program. Now the Commission is before the High Court. This new case, FCC v. AT&T, asks whether the FCC’s power to levy punitive fines violates the Seventh Amendment right to a trial by jury—a question whose resolution could reshape not just telecommunications regulation but the balance of power among agencies, courts, and juries.
Continue readingSupreme Court Questions Broadband Provider Liability for User Misconduct
This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.
Intermediary liability—when a company should be liable for users’ misuse of its product by users—has been a long-standing issue in tech policy. Two years ago, the Supreme Court dismissed a case alleging Twitter aided and abetted terrorism by allowing ISIS to recruit on its platform. This week, the Court weighed in again, hearing argument in a case involving a billion-dollar judgment against broadband provider Cox Communications for failing to terminate accounts suspected of copyright infringement. The case raises significant questions about copyright enforceability, broadband providers’ role as gateways to the internet, and digital equity concerns. The justices seemed doubtful that notification of user misuse was sufficient to trigger liability, although they struggled to find an alternative that balanced the equities of the case.
Continue readingAnalyzing the Charter-Cox Merger
This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.
Earlier this year, Charter Communications, Incorporated and Cox Communications announced a $34.5 billion proposed merger. If completed, the combined company would become both the largest cable television provider and the largest broadband provider in the country.
At first glance, one might be concerned about a proposal to merge the second and third-largest cable providers into a single behemoth. But to describe the merger in these simplistic terms fails to appreciate both the challenges facing companies in mature industries and the revolutionary changes affecting the telecommunications industry. This proposed deal is not a power grab, but a rational response to a maturing, intensely competitive market. That’s the argument that I’ve made in my latest article as part of the Free State Foundation’s Perspectives series.
Continue readingA Haunting on the Docket: When Appellants Met Apparitions
In the early 1960s, the children of Nyack, New York spoke of the “haunted” house on the hill. The old Victorian’s newest tenants, The Ackleys, would soon learn first-hand. Phantom footsteps and slamming doors set the supernatural stage. Most mornings, ghosts roused the Ackley children by violently shaking their beds. After reaching into their pockets, they might have found baby rings left by unseen hands. Like many of these “gifts,” they came as quickly as they went: little trinkets, coins, and even silver sugar tongs appearing and vanishing out of thin air.
Continue readingCarr Reins in FCC Overreach on School Wi-Fi
This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.
Federal Communications Commission (FCC) Chairman Brendan Carr has been in the news a lot lately. Under his energetic leadership, the agency has pursued an ambitious agenda at a breakneck pace. And while he has taken flak (including from me) for some of his high-profile controversies—perhaps most notably threatening Jimmy Kimmel like a second-rate Jersey mob boss—he deserves significant credit for the less flashy efforts his team is taking behind the scenes to restore the agency’s proper role and rein in the prior administration’s excesses. One such effort was last month’s decision to terminate E-Rate funding for Wi-Fi hotspot lending and school bus Wi-Fi access. While the merits of those programs can be debated, they clearly exceeded the statute’s bounds, and the FCC was right to rein them in.
Continue readingI Survived the Waitlist—and You Can, Too
Because the admissions cycle is hard enough, here’s a little story of having hope during (and surviving) the process.
When the word “waitlist” appeared in bold on my decision portal, I slammed my laptop shut so fast it nearly caught my fingers. I had braced for rejection, prayed for acceptance, and instead landed in the purgatory no one prepares you for. I’m not a betting woman, but if you had asked me then whether I thought I’d get in, I would’ve said no. Still, seeing it stung.
Continue readingDifferentiating Depression and Despair: A Guide for Law Students
Struggling with mental health can be overwhelming, especially when trying to face it alone. One of the greatest challenges is simply understanding what we are feeling. Mental health is complex. Emotions do not arrive classified and labeled for our interpretation. It isn’t always clear whether we are exhausted, stressed, depressed, or experiencing something existential like despair. This uncertainty makes it all the more important to draw distinctions. Not every form of suffering is the same. Naming what we experience can provide clarity and direction for how to respond. In the realm of law, learning to name what we’re experiencing, whether it’s stress, burnout, or something deeper, can be as vital as identifying the right issue in a fact pattern.
Continue readingSurvival Tips for Commuting in Boston
Boston’s charm lies significantly in its ancient origins that locals and tourists alike can still sense to this day. The vast expanse of Boston Common, centuries-old churches lining busy streets, and historic event markers all play a role in shaping a familiar image of the city. I firmly believe that no other big city in the United States can claim this aesthetic to the extent that Boston can. This memorable layout does, however, come at a cost.
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BC Law: Impact 