Tech Policy Podcast

Our host, Corbin Barthold (TechFreedom), speaks on a panel at State of the Net with Joel Thayer (Digital Progress Institute) and Ashkhen Kazaryan (The Future of Free Speech), and Luke Hogg (Foundation for American Innovation). They discuss how the First Amendment should work in a world of algorithms and AI. Links: AI + 1A: Why the First Amendment Protects Artificial Intelligence (Corbin’s new paper) (https://tinyurl.com/mw5vbuzf) State of the Net 2026 Tech Podcast Policy 373: Porn and the First Amendment Tech Podcast Policy 417: Free Speech Coalition v. Paxton Is Wreaking Havoc

Host Corbin Barthold (TechFreedom) deconstructs Justice Barrett’s surprisingly influential concurrence in Moody v. NetChoice. Or: Why the First Amendment protects algorithms and AI.  Links: Moody v. NetChoice The Post-human First Amendment Tech Policy Podcast 286: How Algorithms Can Fight Extremism Tech Policy Podcast 414: Beware the Butlerian Jihad

Clay Calvert, law professor and AEI fellow who studies First Amendment and media law, breaks down a landmark trial over social media harms. He explains the case background, legal thresholds that let it proceed, plaintiffs' courtroom tactics, why the tobacco analogy fails, challenges proving causation, and possible industry and legal fallout. Short, clear takes on litigation strategy and constitutional limits.

Brent Orrell (American Enterprise Institute) discusses the future of work in a world of genius machines.Links:De-Skilling the Knowledge Economy What Anthropic’s Internal Study Suggests About the Future of WorkDid the Canaries Just Die?AI and the Future of Work Looks Bright

Thom Lambert (Mizzou Law) discusses the Trump II administration’s new right antitrust regulators. Stay calm everyone, they just want the discretion to reward friends and punish enemies.Links:‘New Right’ AntitrustNew Right vs. Conservative AntitrustThe Limits of Antitrust

In this engaging discussion, Scott Babwah Brennan, Director of NYU’s Center on Technology Policy, dives into the 2025 State Technology Policy Report. He highlights how states like California and Texas are shaping tech legislation, focusing on AI, online safety, and data privacy. Scott reveals emerging partisan patterns influencing these laws, such as Republicans prioritizing child safety while Democrats lean toward privacy. They also explore the complexities of regulatory fragmentation and predict future trends in AI and child safety measures.

Host Corbin Barthold offers some end-of-year reflections on the moral panic over kids’ use of social media and AI. Then we revisit Episode 405 (“No, Internet Age Verification Has Not Been ‘Solved’,” Apr. 30, 2025), in which Prof. Eric Goldman discusses his paper “The ‘Segregate-and-Suppress’ Approach to Regulating Child Safety Online.”Links:This Country Banned Social Media for Young Teens. Here’s how They’re Defying It.Australia’s Social Media Ban Goes Into Effect as Pretty Much Everyone Realizes It’s a Total MessThe “Segregate-and-Suppress” Approach to Regulating Child Safety OnlineTech Policy Podcast 417: Free Speech Coalition v. Paxton Is Wreaking Havoc

Pamela Samuelson (UC Berkeley) discusses the Supreme Court oral argument in Cox v. Sony, a copyright case that could have major ramifications for the internet.Links:Cox Communications, Inc. v. Sony Music Entertainment

Corbin heads over to the Techdirt Podcast, hosted by the one and only Mike Masnick, for a wide-ranging discussion about the state of social media.

Geoff Manne, a legal and economic scholar, joins to dissect Judge Boasberg's recent ruling on the FTC's antitrust case against Meta. They humorously navigate the absurdities of antitrust arguments, highlighting how user demand shapes market definitions. Geoff explains that increased ads can indicate better targeting rather than monopolistic practices. They critique the FTC's market definitions and explore why including competitors like TikTok and YouTube undermines claims of Meta's monopoly. The conversation mixes legal analysis with sharp insights into modern tech markets.