The EARN IT Act Is Unconstitutional. First Up, the First Amendment.
The disastrous EARN IT Act bill is coming up for a hearing Wednesday morning in the Senate Judiciary Committee, where it’s been introduced as Senate bill S. 3398 (though, at this time, still no bill text – see here for that). In advance of that hearing, I have a few thoughts that go beyond my usual angle (encryption) to discuss the bill’s serious constitutional defects.
