In a Communications Law Review article published on March 15, Grabowski reflected on the late justice Antonin Scalia's legacy as an unlikely defender of technology. In a forthcoming piece being published in the Yale Journal on Regulation, he analyzes whether Neil Gorsuch, the federal judge nominated to succeed Scalia, will carry on his torch as a strong advocate for digital rights. The latter piece was discussed in Tech Policy Daily.
"Although Scalia's rulings on social issues were considered 'behind the times' by progressives, one area where he was 'shockingly forward-looking' was technology, law and tech experts agree," Grabowski said. "Let's hope Gorsuch is indeed 'Scalia 2.0' when it comes to protecting digital liberties. But a review of his decisions on tech issues suggests he may not be. The Senate definitely should explore this issue more closely when their confirmation hearings begin March 20."
Additionally, Grabowski addressed the Supreme Court and technology in his latest syndicated column. In light of a recent high court case, social media censorship could be declared unconstitutional, he argued. Grabowski's column, which was published in the Washington Examiner and several other newspapers from New York to Alaska, was discussed by SCOTUSblog, Constitution.com, Breitbart News, American Thinker and on Reddit.
Grabowski has written extensively on the topic of the Supreme Court and technology. Past publications include:
- The ‘Twitter test’ for Supreme Court nominees, Sacramento Bee (March 3, 2016)
- Are Technical Difficulties at the Supreme Court Causing a "Disregard of Duty"?, Journal of Law, Technology & Internet (2011)
- Technical Difficulties at the Supreme Court, AOL News (June 1, 2010)