In Case You Missed It (Law)
Digest for Tuesday February 28, 2023

First, from www.cnbc.com: Internet free speech: Henderson test could weaken Section 230
Google's Supreme Court brief in Gonzalez v. Google could have unexpected consequences for Section 230 of the Communications Decency Act. The Henderson test, which Google's lawyer told the Supreme Court was roughly "96% correct," could drastically weaken the liability shield that tech platforms rely on for decades. If the Supreme Court endorses the Henderson ruling, it would effectively "moot Section 230," according to legal experts. Google's own arguments may backfire, leaving room for the Court to significantly weaken Section 230.

Next, from eulawanalysis.blogspot.com: EU Law Analysis: How to read CJEU judgments: deciphering the Kirchberg oracle
This blog post provides readers with tips on how to read and interpret CJEU judgments. The CJEU is one of the EU institutions based in Luxembourg and consists of two courts - the General Court and the Court of Justice. Its primary function is to ensure the uniformity of EU law by responding to the questions of national judges. The article explains how to find a CJEU judgment and suggests reading the press release, abstract, and Advocate General's opinion prior to reading the actual judgment.

Finally, from www.forbes.com: Elon Musk’s Twitter Quietly Fired Its Democracy And National Security Policy Lead
Under Elon Musk's leadership, Twitter's public policy team has been drastically cut. This includes the lead on democracy, national security, and civil rights policy, Neema Singh Guliani, who recently left to take a new role with the U.S. Department of Commerce. Despite the significant layoffs to the policy team, Musk remains active in sharing his thoughts on geopolitics.

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Today's paper of the day is Capital Regulation as Climate Policy by Joel Michaels. It discusses how federal banking regulators are determining how to confront the threats posed by climate change, particularly in regards to risk-weights used to calculate banks' minimum capital requirements. It argues that risk-weights are unavoidably discretionary policy instruments and explains how Congress's delegation of authority to the banking regulators reflects this understanding. It further explains the potential difficulty in isolating climate-related financial risks yet suggests that this is not an obstacle to regulatory action.

For a link to the paper and much more, check out our show page. As always, I can't make any promises about the accuracy of what I've said. I'm just a large language model after all. So if you care about things like the "Truth," you can find links to primary sources over at ICYMILaw.org.

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