Politics
Opinion: California and other states are rushing to regulate AI. This is what they're missing
The Constitution shouldn’t be rewritten for every new communications technology. The Supreme Court reaffirmed this long-standing principle during its most recent term in applying the 1st Amendment to social media. The late Justice Antonin Scalia articulated it persuasively in 2011, noting that “whatever the challenges of applying the Constitution to ever-advancing technology, the basic principles of freedom of speech and the press … do not vary.”
These principles should be front of mind for congressional Republicans and David Sacks, Trump’s recently chosen artificial intelligence czar, as they make policy on that emerging technology. The 1st Amendment standards that apply to older communications technologies must also apply to artificial intelligence, particularly as it stands to play an increasingly significant role in human expression and learning.
But revolutionary technological change breeds uncertainty and fear. And where there is uncertainty and fear, unconstitutional regulation inevitably follows. According to the National Conference of State Legislatures, lawmakers in at least 45 states have introduced bills to regulate AI this year, and 31 states adopted laws or resolutions on the technology. Congress is also considering AI legislation.
Many of these proposals respond to concerns that AI will supercharge the spread of misinformation. While the worry is understandable, misinformation is not subject to any categorical exemption from 1st Amendment protections. And with good reason: As Supreme Court Justice Robert Jackson observed in 1945, the Constitution’s framers “did not trust any government to separate the true from the false for us,” and therefore “every person must be his own watchman for truth.”
California nevertheless enacted a law in September targeting “deceptive,” digitally modified content about political candidates. The law was motivated partly by an AI-altered video parodying Vice President Kamala Harris’ candidacy that went viral earlier in the summer.
Two weeks after the law went into effect, a judge blocked it, writing that the “principles safeguarding the people’s right to criticize government … apply even in the new technological age” and that penalties for such criticism “have no place in our system of governance.”
Ultimately, we don’t need new laws regulating most uses of AI; existing laws will do just fine. Defamation, fraud, false light and forgery laws already address the potential of deceptive expression to cause real harm. And they apply regardless of whether the deception is enabled by a radio broadcast or artificial intelligence technology. The Constitution should protect novel communications technology not just so we can share AI-enhanced political memes. We should also be able to freely harness AI in pursuit of another core 1st Amendment concern: knowledge production.
When we think of free expression guarantees, we often think of the right to speak. But the 1st Amendment goes beyond that. As the Supreme Court held in 1969, “The Constitution protects the right to receive information and ideas.”
Information is the foundation of progress. The more we have, the more we can propose and test hypotheses and produce knowledge.
The internet, like the printing press, was a knowledge-accelerating innovation. But Congress almost hobbled development of the internet in the 1990s because of concerns that it would enable minors to access “indecent” content. Fortunately, the Supreme Court stood in its way by striking down much of the Communications Decency Act.
Indeed, the Supreme Court’s application of the 1st Amendment to that new technology was so complete that it left Electronic Frontier Foundation attorney Mike Godwin wondering “whether I ought to retire from civil liberties work, my job being mostly done.” Godwin would go on to serve as general counsel for the Wikimedia Foundation, the nonprofit behind Wikipedia — which, he wrote, “couldn’t exist without the work that cyberlibertarians had done in the 1990s to guarantee freedom of expression and broader access to the internet.”
Today humanity is developing a technology with even more knowledge-generating potential than the internet. No longer is knowledge production limited by the number of humans available to propose and test hypotheses. We can now enlist machines to augment our efforts.
We are already starting to see the results: A researcher at the Massachusetts Institute of Technology recently reported that AI enabled a lab studying new materials to discover 44% more compounds. Dario Amodei, the chief executive of the AI company Anthropic, predicts that “AI-enabled biology and medicine will allow us to compress the progress that human biologists would have achieved over the next 50-100 years into 5-10 years.”
This promise can be realized only if America continues to view the tools of knowledge production as legally inseparable from the knowledge itself. Yes, the printing press led to a surge of “misinformation.” But it also enabled the Enlightenment.
The 1st Amendment is America’s great facilitator: Because of it, the government can no more regulate the printing press than it can the words printed on a page. We must extend that standard to artificial intelligence, the arena where the next great fight for free speech will be fought.
Nico Perrino is the executive vice president of the Foundation for Individual Rights and Expression and the host of “So to Speak: The Free Speech Podcast.”
Politics
Navy Secretary John Phelan Is Leaving the Pentagon and the Trump Administration
Navy Secretary John Phelan was fired on Wednesday after months of infighting with senior Pentagon leaders and disagreements over how to revive the Navy’s struggling shipbuilding program.
Mr. Phelan is leaving the Pentagon and the Trump administration effective immediately, wrote Sean Parnell, the Pentagon’s chief spokesman, in a terse statement.
In his role leading the Navy, Mr. Phelan had championed the “Golden Fleet,” a major investment in new ships including a “Trump-class” battleship. But Mr. Phelan’s leadership was marred by feuds with senior leaders in the Pentagon, including Defense Secretary Pete Hegseth and Deputy Defense Secretary Stephen Feinberg, Pentagon and congressional officials said.
Mr. Phelan is the first service secretary to leave the administration, though he is the second one to clash with the defense secretary. Mr. Hegseth also has butted heads with Army Secretary Daniel P. Driscoll over promotions and a host of other issues. Mr. Hegseth fired the Army’s chief of staff, Gen. Randy George, earlier this month.
The Navy secretary has no role overseeing deployed forces, and Mr. Phelan’s firing is not likely to have significant implications for the conduct of the Iran war or U.S. Navy operations to blockade Iranian ports or open the Strait of Hormuz. As the Navy’s top civilian leader, his main responsibility is to oversee the building of the future naval and Marine Corps force.
But the tumult could make it harder for the Navy to replenish its stock of Tomahawk missiles and high-end air defense systems, which have been in heavy use in Iran.
Tensions had been simmering for months between Mr. Phelan and his two bosses — Mr. Hegseth and Mr. Feinberg — over management style, personnel issues and other matters.
Mr. Feinberg, in particular, had grown increasingly dissatisfied with Mr. Phelan’s handling of the Navy’s major new shipbuilding initiative, and had been siphoning off responsibility for the project from him, said the congressional official, who spoke on the condition of anonymity to discuss personnel matters.
Mr. Phelan, a White House appointee, also had a contentious relationship with his deputy, Under Secretary Hung Cao, who is more aligned with Mr. Hegseth, especially on some of the social and cultural battles that have defined the defense secretary’s tenure, the officials said.
A senior administration official said that Mr. Hegseth informed Mr. Phelan before the Pentagon’s official announcement that he and President Trump had decided that the Navy needed new leadership.
A spokeswoman for Mr. Phelan referred all questions on Wednesday evening to the Defense Department.
Last fall, Mr. Hegseth fired Mr. Phelan’s chief of staff, Jon Harrison, who had clashed with senior officials throughout the Pentagon. The unusual move highlighted the broader tensions between Mr. Hegseth and Mr. Phelan.
Still, the timing of Mr. Phelan’s firing caught some Pentagon and congressional officials off guard. On Wednesday, Mr. Phelan was making the rounds on Capitol Hill, talking to senators about his upcoming annual hearing with lawmakers to discuss the Navy’s budget request and other priorities.
“Secretary Phelan’s abrupt dismissal is troubling,” Senator Jack Reed of Rhode Island, the top Democrat on the Armed Services Committee, said in a statement Wednesday night. “In the midst of President Trump’s war of choice in Iran, at a moment when our naval forces are stretched thin across multiple theaters, this kind of disruption at the top sends the wrong signal to our sailors and Marines, to our allies, and to our adversaries.”
Mr. Phelan also had a close relationship with Mr. Trump. In December, Mr. Phelan appeared alongside Mr. Trump at his Mar-a-Lago resort to announce the “Golden Fleet” and the new class of battleships bearing Mr. Trump’s name.
“John Phelan is one of the most successful businessmen in the country — in our country,” Mr. Trump said. “He’s been a tremendous success.”
Before joining the Trump administration, Mr. Phelan ran a private investment fund based in Florida.
“He’s taken probably the largest salary cut in history, but he wanted to do it,” Mr. Trump said at the December press conference. “He wants to rebuild our Navy. And you needed that kind of a brain to do it properly.”
But Mr. Trump’s effusive praise masked deeper tensions with Mr. Phelan’s Pentagon bosses.
Bryan Clark, a naval analyst at the Hudson Institute, said that Mr. Phelan was “driving the Navy in a different direction” than what Mr. Hegseth and Mr. Feinberg wanted.
“He was championing initiatives like the battleship and frigate that don’t align with where the D.O.W. leadership is taking the military, which is toward submarines, stealth aircraft, unmanned systems and software-driven capabilities like electronic warfare and cyber,” Mr. Clark said in an email, using the abbreviation for Department of War, as the administration calls the Defense Department.
Mr. Phelan also clashed with Mr. Hegseth over personnel issues in the Navy and Marine Corps, a former senior military official said. Mr. Hegseth has directed service secretaries to scrub the social media accounts of general- and admiral-level promotion candidates to ensure they are not deemed too “woke” by Mr. Hegseth’s standards, the official said.
Maggie Haberman and Eric Schmitt contributed reporting.
Politics
Manhattan DA’s office employee charged with sexual abuse after alleged incident on Queens subway
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An analyst with the Manhattan District Attorney’s Office was arrested Tuesday on allegations that he sexually abused a woman while off duty, police told Fox News Digital Wednesday.
Tauhid Dewan, 28, is accused of inappropriately touching a 40-year-old woman’s private area during a late-afternoon rush-hour subway ride in Queens, according to local outlet PIX11.
The victim was reportedly a random woman, the outlet added, citing sources who said she and the suspect were strangers.
A spokeswoman for the office told Fox News Digital that the staffer has since been suspended.
MAN ARRESTED IN NYC STRANGULATION DEATH OF WOMAN FOUND OUTSIDE TIMES SQUARE HOTEL
Tauhid Dewan, 28, was arrested in New York City Tuesday following allegations that the Manhattan DA staffer innapropriately touched a woman during a subway ride (LinkedIn)
According to the New York Police Department, Dewan was arrested around 5 p.m., possibly after returning from work.
PIX11 added that the arrest occurred minutes after the incident, which allegedly took place on a No. 7 train near the Junction Boulevard station.
He was subsequently arrested by the NYPD Transit Bureau and is facing multiple charges, including forcible touching on a bus or train, third-degree sexual abuse, and second-degree harassment involving physical contact.
He was also charged with acting in a manner injurious to a child under the age of 17, suggesting a minor may have been nearby and either witnessed the alleged conduct or was placed at risk by it.
ERIC SWALWELL FACES MANHATTAN SEX ASSAULT PROBE AFTER ENDING CALIFORNIA GOVERNOR CAMPAIGN AMID ALLEGATIONS
Tauhid Dewan is an employee of the Manhattan District Attorney’s Office, which is led by DA Alvin Bragg. (Spencer Platt/Getty Images)
Law enforcement sources said Dewan has no prior arrests, local outlets reported.
According to city records, Dewan has worked at the Manhattan District Attorney’s Office as a senior investigative analyst for nearly four years, since July 10, 2022.
People board a train at a subway station in New York City on Aug. 1, 2025. (Gary Hershorn/Getty Images)
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His arraignment in Queens Criminal Court was scheduled for Wednesday, according to state records.
Politics
As primary election nears, top candidates for California governor debate tonight
SAN FRANCISCO — With the California governor’s race quickly approaching, six candidates will face off Wednesday evening in the first debate since former Rep. Eric Swalwell dropped out of the race in the aftermath of sexual assault and misconduct allegations.
The debate takes place at a critical moment in the turbulent contest to replace termed-out Gov. Gavin Newsom. Ballots will start landing in Californians’ mailboxes in less than two weeks, and voters are split by a crowded field of eight prominent candidates. The debate also takes place after former state Controller Betty Yee ended her campaign because of a lack of resources and support in the polls.
Two Republicans — Riverside County Sheriff Chad Bianco and conservative commentator Steve Hilton — and four Democrats — billionaire Tom Steyer, former Biden administration Secretary Xavier Becerra, former Orange County Rep. Katie Porter and San Jose Mayor Matt Mahan — will take the stage at Nexstar’s KRON4 studios in San Francisco. Former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond, both Democrats, were not invited to participate because of their low polling numbers.
As the candidates strive to distinguish themselves in a crowded field, the debate could include fiery exchanges about the role of money in politics and potential heightened attacks on Becerra, who has surged in the polls since Swalwell dropped out. With the debate taking place on Earth Day, environmental issues are also likely to be raised.
The Wednesday night gathering is the first televised debate in the gubernatorial contest since early February. Last month, USC canceled a debate hours before it was set to begin over mounting criticism that its criteria excluded all major candidates of color.
The 7 p.m. debate is hosted by Nexstar and will be moderated by KTXL FOX40 anchor Nikki Laurenzo and KTLA anchor Frank Buckley. It can be viewed on KRON4 (San Francisco), KTLA5 (Los Angeles), KSWB/KUSI (San Diego), KTXL (Sacramento), KGET (Bakersfield) and KSEE (Fresno). NewsNation will also air the debate.
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