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January 8, 2024
Persuasion or Coercion? Understanding the Government’s Position in Murthy v. Missouri, Part I
The US Supreme Court crept closer last month to resolving the jawboning case of Murthy v. Missouri when Solicitor General Elizabeth Barchas Prelogar filed her opening brief in this politically divisive battle over free speech and informal government censorship. She explained why multiple government officials and entities ostensibly did nothing wrong in trying to convince––often successfully––social media platforms to remove content incongruent with the Biden administration’s stance…
January 5, 2024
Louis Brandeis and William McKinley: An Unlikely Pair United Under Biden
William McKinley won the presidency under the banner of the “Full Diner Pail” for workers allegedly underpinned by protection and high tariffs. Louis Brandeis, by contrast, was a free trader who abhorred concentrated corporate power (today’s Big Tech). The Biden administration has accomplished the unlikely feat of merging neo-Brandeisian trustbusting with portions of “Full Dinner Pail” protectionism….
January 3, 2024
Content Creators vs. Generative Artificial Intelligence: Paying a Fair Share to Support a Reliable Information Ecosystem
Imagine two companies in the same business––generating and delivering information to consumers. One has done it for more than 170 years, the other––founded in 2015––for about 15 months. The older company invests substantial financial resources in paying its employees to create “original works of authorship” that are so valuable that “more than 10 million subscribers pay”…
March 16, 2023
The SVB Bailout Will Have Unfortunate Long-Term Implications
Now that the bailout of the Silicon Valley Bank depositors at 100 percent rather than the nominal $250,000 limit has been announced, it is difficult to discern whether the primary motivation is avoidance of future bank runs by small businesses and the like, or an old-fashioned effort to reward the wealthy friends of the Democratic…