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Law of CodeAuthor: Jacob Robinson
Understand the legal layer of emerging technology. Conversations with top lawyers, regulators, and entrepreneurs on the laws and policy decisions shaping our future. Language: en Genres: Technology Contact email: Get it Feed URL: Get it iTunes ID: Get it Trailer: |
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#205 - Code & Free Speech
Episode 205
Monday, 13 July, 2026
When should software lose free speech protections?This podcast covers software and the First Amendment, tracing the history from Cold War export controls to recent restrictions on advanced AI models. My goal: the internet's most comprehensive explainer on speech and code, from cryptography to cryptocurrency to AI.In this episode, you'll hear from leading experts on the legal layer of software and free speech:Peter Van Valkenburgh, Executive Director at Coin CenterLaz Pieper, Director of Research at Coin CenterEugene Volokh, First Amendment scholar and Fellow at the Hoover InstitutionJane Bambauer, Brechner Eminent Scholar at the University of FloridaPreston Byrne, Managing Partner at Byrne & StormSam Enzer, partner at Cahill Gordon & Reindel and co-chair of CahillNXTBy the end of this episode, I promise you'll be in the top percentile for understanding when code is protected speech, regardless of where you're starting from. (You just might need to listen twice. There's a lot here.)This episode is presented by Altitude, visit Altitude.xyz/law to learn more about their financial operating system.Timestamps:0:00 Anthropic AI export controls6:17 Introduction9:39 Reading the First Amendment10:38 Eugene Volokh on his First Amendment philosophy13:42 The machine gun sculpture: speech vs function19:24 Peter Van Valkenburgh interview25:50 The Cold War, munitions list and Phil Zimmermann29:57 The Bernstein case34:53 Strict scrutiny38:48 The Corley case49:17 Sorrell, Stevens and where the Supreme Court is heading53:25 Preston Byrne on the Supreme Court's AI case57:23 Defense Distributed and 3D-printing1:04:00 Where publication ends and professional conduct begins1:15:20 Lowe v. SEC and the agency line1:45:45 Compelled speech, the IRS broker rule and tobacco labels2:04:17 Laz Pieper on Sorrell and third-party liability2:11:29 Preston Byrne on the GRANITE Act and foreign censorshipNewsletter: Stay updated on emerging tech law for free at lawofcode.fm. https://www.lawofcode.fm/Any feedback on this episode? Or how to improve the podcast? Click here. https://forms.gle/W4d2a5aHuLJjuNdn7Sponsors: Thank you to the Hyperliquid Policy Center and Solana Policy Institute for supporting this podcast.To get in touch with the Cahill team about how any issues discussed in this episode apply to your situation, email mtomsky@cahill.com. Subscribe to Cahill's free client alerts on digital assets and emerging technology at https://www.cahill.com/news/index?search=1&practice=litigation-digital-assets-and-emerging-technology.Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.
