: This Essay advocates for a “legal construction of technology” approach to AI speech, challenging the notion that technology disrupts law and emphasizing how law shapes technology based on societal value. Applying the method to four different legal constructions of AI, the authors examine AI within First Amendment jurisprudence, content moderation, risk regulation, and consumer protection, highlighting the proactive role of legal actors in aligning AI development with democratic values and
: The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court's libertarian turn, we offer another explanation: the Court's solicitude for religious speakers. Religious-speech cases have given firms a powerful suite of deregulatory tools. This Feature draws the through line from gods to
: This Article offers the first legal history of the Comstock Act from its enactment to its post- Dobbs reinvention. From conflicts over Comstock's enforcement emerged popular claims on democracy, liberty, and equality in which we can recognize roots of modern free-speech law and the law of sexual and reproductive