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Court Strikes Down Law Regulating Election-Related AI Content

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

By reducing traditional barriers of content creation, the AI revolution holds the potential to unleash an explosion in creative expression. It also increases the societal risks associated with the spread of misinformation. This tension is the subject of a recent landmark judicial decision, Babylon Bee v Bonta (hat tip to Ajit Pai, whose social media account remains an outstanding follow). The eponymous satirical news site and others challenged California’s AB 2839, which prohibited the dissemination of “materially deceptive” AI-generated audio or video content related to elections. Although the court recognized that the case presented a novel question about “synthetically edited or digitally altered” content, it struck down the law, concluding that the rise of AI does not justify a departure from long-standing First Amendment principles.

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Prison Call Order Delays Reform of Market Ripe for Disruption

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Earlier this summer, the Federal Communications Commission (FCC) unexpectedly delayed implementation of its 2024 prison call order until 2027. The order, which was mandated by Congress and had bipartisan support in the agency and on Capitol Hill, sought to correct long-standing market distortions through a combination of cost-based pricing and competition-friendly rules. The delay was requested by incumbent providers and correctional facilities based on unexpected implementation challenges. But this postponement is unfortunate, coming right as new entrants such as Ameelio are poised to challenge those incumbents and perpetuating inefficiencies, high costs, and limited innovation in a sector ripe for disruption.

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Empathy: The driving force of entrepreneurship

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For people facing long odds, an entrepreneurial mind-set matters

This post was originally published in the Boston Business Journal. Authors & Innovators is a regular column by Larry Gennari, a transactional lawyer, BC Law adjunct professor and founder of Project Entrepreneur, and chief curator of Authors & Innovators, an annual business book and ideas festival.

About 77 million Americans have a criminal record. Experts expect that number to be 100 million by 2030. For the estimated 600,000 people returning home from incarceration annually, a criminal record creates substantial barriers to obtaining housing, employment, government benefits and continuing education, due to myriad federal and state restrictions. Getting an ID and finding a job — any job — are immediate priorities. No surprise that recidivism rates for returning citizens range from 29% to 59%, depending on the state.

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Surprise! USF Decision Signals Admin Law Revolution, But Not the One We Expected

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Late last month, the Supreme Court decided FCC v. Consumers Research. Although an undercard among the Court’s last-day decisions, the case was closely watched in administrative law circles as a potential vehicle for revitalizing the moribund Nondelegation Doctrine. But as predicted after oral argument, the Court found this was not the right case to do so. The big surprise was Justice Kavanaugh’s concurrence, which likely killed future efforts to reform nondelegation, but also signaled big news ahead for the law governing independent agencies.

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NTIA Streamlines BEAD Program, But Risks Further Delays

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

On June 6, the National Telecommunications & Information Administration (NTIA) issued its long-awaited overhaul of the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) program. This new policy notice repeals many administrative burdens imposed by Biden-era NTIA oversight and aligns the program more closely with Congress’s original intent. This revised guidance promises to enhance broadband deployment by increasing flexibility and reducing costs to taxpayers. But it also risks further delays in a program already criticized for its sluggish rollout—and in the meantime, private enterprise is closing many of the coverage gaps BEAD sought to address.

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The House Should Act Quickly to Repeal the Illegal, Expensive E-Rate Expansion

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Earlier this month, the Senate passed S.J.Res.7. The resolution, sponsored by Senator Ted Cruz, would repeal a Biden-era Federal Communications Commission (FCC) rule allowing E-Rate funds to subsidize Wi-Fi hotspot lending programs for off-campus use. This well-intentioned but misguided rule violates clear statutory limits on agency power and threatens an increasingly unstable Universal Service Fund (USF). The House should follow the Senate’s lead to revoke this initiative before the estimated June 4 deadline for congressional action.

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So, Are We Gonna Ban TikTok, Or…?

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

It has been 373 days since Congress enacted the TikTok divest-or-ban law, 105 days since the Supreme Court unanimously upheld the law as constitutional, and over three months since the ban was scheduled to take effect. Yet except for a brief Inauguration Day interruption, the Chinese-controlled app has been, and remains, readily available in the United States, collecting data on 170 million Americans—data that could potentially be exploited by foreign adversaries.

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Lawlessness and Trump’s Lawyers

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BC Law Professor R. Michael Cassidy serves as Chair of the Board of Bar Overseers in Massachusetts. The views expressed in this essay do not represent an official position of the Board, or of BC Law. This op-ed originally ran in Massachusetts Lawyers Weekly.

Events since January 20, 2025 have called into question the ability of attorneys to safeguard the rule of law. President Donald Trump has sought retribution against law firms that previously opposed him or represented the Democratic National Committee. He has called for the impeachment of federal judges who issued orders against him, labelling one of them a “radical left judge” and a “lunatic.” He has commenced an investigation into law firms that engage in diversity, equity and inclusion initiatives. Most recently, he called upon Department of Justice lawyers to refer for discipline any lawyer who opposes a Trump policy on grounds the DOJ alone deems frivolous or unfounded.  

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The Supreme Court Seems Unlikely to Revive Nondelegation Doctrine in FCC Case

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Earlier this month, I previewed the arguments in Federal Communications Commission v Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the nondelegation doctrine, which prohibits Congress from delegating the legislative power to executive branch agencies. As my previous post explains, nondelegation is a largely toothless doctrine, mostly dormant since 1935. But in recent years, five of the nine Supreme Court justices have expressed an interest in revitalizing the doctrine, given the right case in which to do so.

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Will FCC v. Consumers’ Research Revive the Nondelegation Doctrine?

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

The idea behind the nondelegation doctrine is sound: Congress should not delegate legislative power to executive branch agencies. But its implementation leaves much to be desired. Nearly every nondelegation case acknowledges there’s a theoretical boundary but then finds that Congress hasn’t crossed it here. Only twice has the Supreme Court found a law violated the nondelegation doctrine, in 1935, both involving a statute that literally allowed President Roosevelt to cartelize the entire economy and make rules at whim. The modern rule allows Congress to give agencies significant authority as long as it includes an “intelligible principle” to guide exercise of that authority. Perhaps more than any other doctrine, this toothless standard has permitted the modern atrophy of our legislative branch, concentrated power in unelected bureaucrats, and enabled the imperial presidencies of the 21st century.

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