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The Perilous Public Square: Structural Threats to Free Expression Today (edited book)Columbia University Press. forthcoming.
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756Search Engines, Free Speech Coverage, and the Limits of Analogical ReasoningIn Susan J. Brison & Katharine Gelber (eds.), Free Speech in the Digital Age, Oup Usa. pp. 33-41. 2018.This paper investigates whether search engines and other new modes of online communication should be covered by free speech principles. It criticizes the analogical reason-ing that contemporary American courts and scholars have used to liken search engines to newspapers, and to extend free speech coverage to them based on that likeness. There are dissimilarities between search engines and newspapers that undermine the key analogy, and also rival analogies that can be drawn which don’t recommend …Read more
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35Markets, Rights, and Discrimination by CustomersIowa Law Review 1 (102). 2016.This essay is designed to do two things: First, review and critique Katharine Bartlett and Mitu Gulati's Discrimination by Customers, 102 Iowa L. Rev. 223 (2016). Second, stand alone as a piece that more generally evaluates (1) efficacy and (2) autonomy- and constitutional-based objections to the regulation (both in direct and indirect form) of customer discrimination.
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581Search Engines, Social Media, and the Editorial AnalogyIn The Perilous Public Square: Structural Threats to Free Expression Today, Columbia University Press. forthcoming.Deconstructing the “editorial analogy,” and analogical reasoning more generally, in First Amendment litigation involving powerful tech companies.
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