Lead Counsel, Tech and Free Expression Policy

This position will be based in Washington, D.C. FIRE operates on a hybrid work schedule that allows for a mix of in-the-office and remote work days for eligible employees. Fully remote work will not be considered for this position.

About FIRE

The Foundation for Individual Rights and Expression’s mission is to defend and sustain the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

Position Description

The Lead Counsel, Tech Policy and Free Expression reports directly to FIRE’s Legislative and Policy Director and plays a central role in advancing the organization’s mission to protect freedom of speech involving AI, social media, and other emerging technologies.

FIRE uses legislative advocacy, public commentary, research, and litigation to advocate and create conditions for government policymakers to protect the exercise of First Amendment rights. This position will build and coordinate FIRE’s strategy to use these tools to protect free speech facilitated by new technologies; develop and execute legislative advocacy strategies to promote speech-protective legislation and fight censorial legislation; and help design and execute strategies to build new narratives around the importance of free speech involving new technologies. Working with our Litigation department, this position will also help to further the organization’s litigation strategy to secure landmark legal rulings protecting the right to free speech involving AI and social media platforms.

The duties for this position include:

1. Key responsibilities
   1. Managing an internal tech policy working group to develop FIRE’s positions on novel legal and policy questions affecting free speech.
   2. Creating opportunities to influence specific legislation via direct lobbying, including selecting legislative targets and developing and implementing advocacy strategies.
   3. Providing strategic guidance and legal expertise to help the Litigation team identify key opportunities for First Amendment challenges to speech-restrictive regulation and legislation.
   4. Coordinating with the Communications team to develop and implement strategies to build new narratives around the importance of protecting the right to use AI and social media platforms for speech.
   5. Identifying opportunities to influence specific legislation on tech policy via public messaging campaigns, and then coordinating with the Communications department to develop and implement strategies to effect that influence.
2. Knowledge development
   1. Maintaining First Amendment expertise in the doctrines relevant to FIRE’s advocacy on new expressive technologies.
   2. Maintaining deep working knowledge of the state of emerging expressive technologies and the trends in related legislation and litigation.
   3. Identifying opportunities for research projects that would advance FIRE’s advocacy goals.
3. Legislative advocacy
   1. With the Legislative & Policy Director, advising on and implementing FIRE’s long-term strategy for legislative advocacy on tech policy issues.
   2. Directly lobbying on legislation involving tech policy, including by providing testimony in legislative hearings, meeting with lawmakers and staff, and drafting and delivering feedback on legislation.
   3. Identifying and analyzing state and federal legislation and regulations that pose a threat to expressive rights involving emerging technologies.
4. Networking
   1. Building relationships with key political figures, organizations, and nonprofits to further the organization’s legislative and policy agenda on tech policy.
   2. Maintaining relationships with sources of potential plaintiffs for challenges to AI-related and other tech legislation.
5. Legal scholarship
   1. Designing and executing strategies for developing outside legal scholarship advocating speech-protective interpretations of the First Amendment as applied to the use of new expressive technologies.
6. Communications
   1. Producing regular public analysis and commentary on tech policy and relevant legislative developments.
   2. Attending, participating, and speaking on behalf of FIRE at various internal and external conferences and events.
   3. Participating in media interviews.
   4. Authoring and editing organizational statements and press comments on questions involving tech policy, and writing articles and legal analysis for FIRE’s Newsdesk.
   5. Reviewing outgoing messaging and analysis related to tech policy by other FIRE authors.
7. Management
   1. Managing legislative counsels, analysts, and interns in FIRE’s tech policy working group.
   2. Coordinating with and serving as the point of contact for FIRE fellows working on tech policy.
   3. Advising on further building out FIRE’s capacity for lobbying and commentary on tech policy issues affecting free speech.
   4. Coordinating with a Program Associate to submit lobbying registrations and disclosures and record all lobbying activities and expenses.
   5. Maintaining accurate data about all advocacy activities.
   6. Coordinating with the Legislative & Policy Director on setting, meeting, and recording specific goals for FIRE’s tech policy work.

This position will also perform other support functions for the day-to-day operation of FIRE and will frequently collaborate with other staff members and departments on general duties and specialized projects.

This position involves a moderate amount of travel. Occasional work on weekends and evenings should be expected.

The expected start date for this position is as soon as possible.

Qualifications

A successful candidate will be passionate about expressive rights and excited to lead a policy program to protect their exercise across new technological platforms. The candidate must be a self-starter and have the ability to manage work across multiple departments to drive projects forward. Most importantly, the candidate must demonstrate a knowledge and passion for FIRE’s mission and an ability to articulate that passion in a way that will make others enthusiastic about our cause. A candidate must also be able to demonstrate:

• Strong knowledge of organization’s mission and the ability to articulate the mission to the general public in an effective and persuasive manner.
• Track record of success working directly with government policymakers.
• Deep understanding of First Amendment law and principles, particularly as applied to online speech and emerging technologies.
• Understanding and enthusiasm for the different roles legislative advocacy, research projects, litigation, and communications campaigns play in shaping policy outcomes.
• Experience writing about legal and policy matters for public audiences.
• Strong writing and copy editing skills.
• Research abilities.
• Ability to assess cases for litigation potential.
• Interpersonal communication (phone and email courtesy, ability to properly manage sensitive information/maintain confidences).
• Strong organization skills and attention to detail.
• Decisiveness.
• Problem-solving and improvisational skills.
• Public speaking skills.

Candidates must be a graduate of an ABA-accredited law school and a member of the bar of at least one state or similar advanced degree.

Salary and Compensation

The projected salary range for this position is $125,000-$175,000, negotiable based on experience and education. FIRE conducts periodic evaluations where employees may receive raises or bonuses for outstanding and excellent work. FIRE also offers a comprehensive benefits package that includes employer-paid comprehensive health, dental, and life insurance for employees; a Section 125 Flexible Spending Account option; matching retirement contributions; and a generous paid time-off plan.

Applications

Applicants should provide a resume, cover letter, a prospective start date, contact information for at least two references, and three short (1–3 page) writing samples that include policy commentary, bill analyses, op-eds, or other similar content. Writing samples must reflect the applicant’s own work, demonstrating their best legal analysis and writing abilities, with minimal editing by others. All applications are confidential. Please address applications to Cait Scanlan, Chief People Officer.

Applicants must be legally authorized to work in the United States.

FIRE is an equal opportunity employer, and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability status, protected veteran status or any other characteristic protected by law.

As part of FIRE's hiring process, all candidates receiving a conditional offer of employment will be required to undergo a background check as permitted by and in compliance with federal, state, and local law.