David Greene
@davidgreene.bsky.social
Civil Liberties Dir. @EFF, 1st Amdt prof @ USF, ex-SFSU. NOT any of the other David Greenes, like the ex-NPR host, the ex-UGA QB, or the 1 who directed Grease. Posts r mine only, so hands off.
ICYMI, like I did, two days ago, DOJ indicted two members of what it called "a North Texas Antifa Cell" for providing material support to terrorists (18 U.S.C. § 2339A), apparently the "Antifa cell" itself. And I think this is first court use of Antifa as a terrorist org. www.nlg.org/wp-content/u...
October 17, 2025 at 10:21 PM
ICYMI, like I did, two days ago, DOJ indicted two members of what it called "a North Texas Antifa Cell" for providing material support to terrorists (18 U.S.C. § 2339A), apparently the "Antifa cell" itself. And I think this is first court use of Antifa as a terrorist org. www.nlg.org/wp-content/u...
Yeah, sadly this court has consistently found, relying on 11th Cir precedent, that Pico, being only a plurality opinion, has no precedential value. Here's what this court said in its first ruling on a motion to dismiss last April (this is 731 F.Supp.3d 1298)
October 1, 2025 at 10:19 PM
Yeah, sadly this court has consistently found, relying on 11th Cir precedent, that Pico, being only a plurality opinion, has no precedential value. Here's what this court said in its first ruling on a motion to dismiss last April (this is 731 F.Supp.3d 1298)
“Yes, they do.” Judge in AAUP v Rubio unequivocally finds that noncitizens in the US have dame First Amendment rights as citizens, and finds Trump admin violated them
September 30, 2025 at 5:00 PM
“Yes, they do.” Judge in AAUP v Rubio unequivocally finds that noncitizens in the US have dame First Amendment rights as citizens, and finds Trump admin violated them
Just a reminder amid all the cheering for Americans "having control of the algorithm" that SCOTUS found that Congress was really only concerned about data collection and declined to even consider the constitutional concerns about seizing editorial control of the algorithm
September 25, 2025 at 8:50 PM
Just a reminder amid all the cheering for Americans "having control of the algorithm" that SCOTUS found that Congress was really only concerned about data collection and declined to even consider the constitutional concerns about seizing editorial control of the algorithm
Like WTF does this mean? "the licensed copy will be “retrained” with U.S. data to make sure the system is “behaving appropriately.”" Behaving like Trump wants broadcast licensees to behave? Like Clay Higgins wants social media platforms to behave? Like Pam Bondi wants all speakers to behave?
September 22, 2025 at 11:20 PM
Like WTF does this mean? "the licensed copy will be “retrained” with U.S. data to make sure the system is “behaving appropriately.”" Behaving like Trump wants broadcast licensees to behave? Like Clay Higgins wants social media platforms to behave? Like Pam Bondi wants all speakers to behave?
Not looking forward to the ongoing Trump admin oversight to make sure the newly retrained algorithm is “behaving appropriately.” apnews.com/article/trum... From what we can tell in every other context this admin's view of behaving appropriately" is whack and censorial
September 22, 2025 at 11:17 PM
Not looking forward to the ongoing Trump admin oversight to make sure the newly retrained algorithm is “behaving appropriately.” apnews.com/article/trum... From what we can tell in every other context this admin's view of behaving appropriately" is whack and censorial
Clearly whichever fundraiser who spammed me with this text message DOES NOT FOLLOW ME ON BLUESKY
September 18, 2025 at 7:26 PM
Clearly whichever fundraiser who spammed me with this text message DOES NOT FOLLOW ME ON BLUESKY
My dramatic unboxing video @mmasnick.bsky.social
August 26, 2025 at 2:51 PM
My dramatic unboxing video @mmasnick.bsky.social
Found this 20 year old button from a 2005 First Amendment Project fundraiser, and I fear it has renewed and special resonance today.
August 20, 2025 at 12:48 AM
Found this 20 year old button from a 2005 First Amendment Project fundraiser, and I fear it has renewed and special resonance today.
and I'll go with these words having different origins (see www.etymonline.com/word/gantlet) as separate words, then regrettably sort-of merged and wisely unmerged in the US
August 18, 2025 at 9:46 PM
and I'll go with these words having different origins (see www.etymonline.com/word/gantlet) as separate words, then regrettably sort-of merged and wisely unmerged in the US
Drag show ban enjoined! 5th Cir (you read that right) finds grad show banned by WTAMA to be expressive and protected by the First Amendment and the venue a designated public forum so the ban is subject to strict scrutiny. Great result for @thefireorg.bsky.social @jtmorristx.bsky.social
August 18, 2025 at 9:42 PM
Drag show ban enjoined! 5th Cir (you read that right) finds grad show banned by WTAMA to be expressive and protected by the First Amendment and the venue a designated public forum so the ban is subject to strict scrutiny. Great result for @thefireorg.bsky.social @jtmorristx.bsky.social
NEWS: Loujain AlHathloul's spyware lawsuit against Dark Matter survives a motion to dismiss, and the CFAA claims will proceed in US courts. That is a huge win! Order is temporarily sealed -- we will publish more when it is unsealed. For background: www.eff.org/cases/alhath...
July 29, 2025 at 2:58 AM
NEWS: Loujain AlHathloul's spyware lawsuit against Dark Matter survives a motion to dismiss, and the CFAA claims will proceed in US courts. That is a huge win! Order is temporarily sealed -- we will publish more when it is unsealed. For background: www.eff.org/cases/alhath...
EFF night at the Giants game. cc: @jeremylittau.com @kevinrothrock.me
July 26, 2025 at 2:37 AM
EFF night at the Giants game. cc: @jeremylittau.com @kevinrothrock.me
this is the document that the plan says will be modified. It's not completely obvious how those concepts to be "eliminated" are reflected in here. But Section 3.7 Fair -- With Harmful Bias Managed" seems to be the best fit : www.nist.gov/itl/ai-risk-...
July 23, 2025 at 9:43 PM
this is the document that the plan says will be modified. It's not completely obvious how those concepts to be "eliminated" are reflected in here. But Section 3.7 Fair -- With Harmful Bias Managed" seems to be the best fit : www.nist.gov/itl/ai-risk-...
The new AI action plan's take on free speech is backward: promoting free speech by eliminating speech we disapprove of, in this case DEI and climate change speech. Once again, this administration wrongly embraces viewpoint discrimination as freedom of speech. whitehouse.gov/wp-content/u...
July 23, 2025 at 3:02 PM
The new AI action plan's take on free speech is backward: promoting free speech by eliminating speech we disapprove of, in this case DEI and climate change speech. Once again, this administration wrongly embraces viewpoint discrimination as freedom of speech. whitehouse.gov/wp-content/u...
If you really want to read Judge Doughty's ruling, it's here: ago.mo.gov/docs/default... My analysis of it at the time is here (which noted that the underlying issue is a serious one): www.eff.org/deeplinks/20... and I address the "most massive attack" thing here:
July 19, 2025 at 12:12 AM
If you really want to read Judge Doughty's ruling, it's here: ago.mo.gov/docs/default... My analysis of it at the time is here (which noted that the underlying issue is a serious one): www.eff.org/deeplinks/20... and I address the "most massive attack" thing here:
In that brief, we explained that the consequences of denying anyone access to government social media channels were potentially grave given what an important channel social media has become for relaying natural disaster predictions and emergency information (an argument with renewed resonance)
July 18, 2025 at 8:10 PM
In that brief, we explained that the consequences of denying anyone access to government social media channels were potentially grave given what an important channel social media has become for relaying natural disaster predictions and emergency information (an argument with renewed resonance)
We argued in our amicus briefs in support of Knight v. Trump, that the First Amendment right of access to government applied to Trump's (and other governmental officials')social media, even when he didn't own the service. See argument starting at page 25 here www.eff.org/document/kni...
July 18, 2025 at 7:24 PM
We argued in our amicus briefs in support of Knight v. Trump, that the First Amendment right of access to government applied to Trump's (and other governmental officials')social media, even when he didn't own the service. See argument starting at page 25 here www.eff.org/document/kni...
The jargon-y use of "agentic" to modify "AI" bugs me almost as much as using "autonomous" to refer to non-humans.
But maybe it works since, according to @merriam-webster.com, a social science definition of of "agentic" is non-communal and not concerned with relationship building.
But maybe it works since, according to @merriam-webster.com, a social science definition of of "agentic" is non-communal and not concerned with relationship building.
July 15, 2025 at 10:08 PM
The jargon-y use of "agentic" to modify "AI" bugs me almost as much as using "autonomous" to refer to non-humans.
But maybe it works since, according to @merriam-webster.com, a social science definition of of "agentic" is non-communal and not concerned with relationship building.
But maybe it works since, according to @merriam-webster.com, a social science definition of of "agentic" is non-communal and not concerned with relationship building.
Like much of what is happening these days, this is both ridiculous and disturbing at the same time. Note their test question:
July 9, 2025 at 11:17 PM
Like much of what is happening these days, this is both ridiculous and disturbing at the same time. Note their test question:
Fierce opponent of jawboning, Missouri AG Bailey(who put the Missouri in Murthy v Missouri) jawbones chatbot companies because he doesn't like their answers to entirely subjective (& Trump-fluffing) questions. Launches investigation into whether they were trained for bias. mailchi.mp/82b56fa1a19e...
July 9, 2025 at 11:17 PM
Fierce opponent of jawboning, Missouri AG Bailey(who put the Missouri in Murthy v Missouri) jawbones chatbot companies because he doesn't like their answers to entirely subjective (& Trump-fluffing) questions. Launches investigation into whether they were trained for bias. mailchi.mp/82b56fa1a19e...
If you are looking for some tiny silver linings in FSC v Paxton, see footnote 4 (In which Thomas discusses Section 230 without calling for the Court to take a 230 case!) and footnote 8 (in which Thomas questions the validity of the very weak "strict scrutiny" analysis in WIlliams-Yulee).
June 27, 2025 at 4:13 PM
If you are looking for some tiny silver linings in FSC v Paxton, see footnote 4 (In which Thomas discusses Section 230 without calling for the Court to take a 230 case!) and footnote 8 (in which Thomas questions the validity of the very weak "strict scrutiny" analysis in WIlliams-Yulee).
"no person--adult or child--has a First Amendment right to access speech that is obscene to minors without first submitting proof of age." UGH
June 27, 2025 at 3:33 PM
"no person--adult or child--has a First Amendment right to access speech that is obscene to minors without first submitting proof of age." UGH
