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July 5, 2024
Net Neutrality, and Other FCC Initiatives Jeopardized Post-Chevron
It has been a big week for tech policy at the Supreme Court. As my AEI colleague Clay Calvert discussed, the NetChoice cases endorsed social media platforms’ First Amendment right of editorial control. But for the Federal Communications Commission (FCC) and other agencies, Loper Bright, which overturned Chevron, looms largest. The FCC in particular has long benefited from Chevron’s command that…
July 4, 2024
The Supreme Court’s Rebuke of Government Manipulation of the Marketplace of Ideas in Moody v. NetChoice
FacebookTwitterLinkedIn The US Supreme Court typically delivers momentous, often divisive rulings in late June, right before the summer recess. This year, the Court dove even deeper into the calendar, not releasing its First Amendment decision in the social-media regulation case of Moody v. NetChoice until July 1. Although dissent free, Moody features five opinions, including a solo concurrence by Justice Clarence Thomas and…
July 3, 2024
Bitcoin as Babel—and Other Religious Metaphors
The tower of Babel was an affront to God, and Bitcoin was an affront to government. So each was smashed by the power it challenged. There are hints in Roger Ver’s provocative book, Hijacking Bitcoin: The Hidden History of BTC, that Bitcoin’s hamstrung technical configuration is a product of government subversion. Happily, those insinuations are few…
July 3, 2024
Separation of Powers and Division of Labor
On Friday June 28, the Supreme Court issued their 6-3 ruling in Loper Bright Enterprises v. Raimondo, overturning the deference to administrative agencies established in the Chevron v. Environmental Protection Agency ruling in 1984. So far opinions vary on how big a change this will ultimately be (courts have not been relying much on Chevron deference…
July 2, 2024
Reflections on Murthy v. Missouri: Opportunities Missed, Lessons Learned
In a six-to-three decision, the US Supreme Court last week declined to address the substantive merits of the plaintiffs’ jawboning claims in Murthy v. Missouri that multiple government officials unlawfully coerced and significantly encouraged leading social media platforms to remove, demote, and place warnings on conservative-tilting content regarding the 2020 presidential election and the COVID-19 pandemic. The majority concluded that the…
July 2, 2024
Climate Fueled Extreme Weather
It is now a ubiquitous cultural ritual to blame any and every weather event on climate change. Those hot days? Climate change. That hurricane? Climate change. The flood somewhere that I saw on social media? Climate change. With today’s post, the first in a series, I go beyond the cartoonish media caricatures of climate change,…
July 1, 2024
The ESG Proxy Advisor Game Starts to Crack
For many years “proxy advisory” services have been provided by a duopoly comprising two companies, Glass Lewis and Institutional Shareholder Services, with a combined market share of 97 percent engendered by blatant political favoritism. “Proxy advice” means recommendations to investors, retirement funds and large asset managers holding major stakes in public companies on how to vote on…
July 1, 2024
The Haphazard Road to Rural Broadband
I recently got a message asking me what I thought about this Washington Times article by Susan Ferrechio on the Broadband Equity, Access, and Deployment (BEAD) program. As part of the Infrastructure Investment and Jobs Act signed in November 2021, Congress set aside $42.45 billion to fund BEAD, whose goal was to help close the broadband gap. But Ferrechio’s article…
July 1, 2024
The End of Chevron Deference
In 1981, the Environmental Protection Agency (EPA), under Administrator Anne Gorsuch (the mother of Supreme Court Justice Neil Gorsuch), decide to change how it defined a “source” of pollution under the Clean Air Act Amendments of 1977. An environmental group, the National Resources Defense Council (NRDC) petitioned the EPA in federal court arguing that there was a…
July 1, 2024
Competition in AI Regulation: Essential for an Emerging Industry
Competition is beneficial in many areas of life. It can lead to lower prices, higher quality goods and services, more innovation, and greater variety. When companies compete for workers, they may also improve working conditions and increase compensation. Healthy competition can also lead to good relationships between businesses, which can result in mutual benefits like networking and…