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July 8, 2024
Nuisance Nonsense: Dubious Theory Underlies Lawsuits Targeting Social Media Platforms
When teaching media law, I encapsulate a “nuisance” as the “right thing in the wrong place” or at the wrong time. The topic arises when analyzing the US Supreme Court’s Federal Communications Commission v. Pacifica Foundation opinion involving a terrestrial radio station’s afternoon broadcast of George Carlin’s “Filthy Words” monologue about language “you can’t say on television.” The Court addressed…
July 8, 2024
Schrödinger’s Climate Cat
In May, I testified before the Senate Budget Committee and summarized what the Intergovernmental Panel on Climate Change (IPCC) said about trends in drought. My testimony included the figure below showing a decrease in the areal extent of extreme drought conditions in the United States. I also included another figure that showed an increase in extreme drought conditions across the United States. Completing…
July 5, 2024
Reversing Course: The Need to Renew American Antitrust
America’s system of government is founded on the protection of freedom in all aspects of life, including business. This freedom has fueled the nation’s prosperity, transforming it into a beacon of opportunity that millions worldwide aspire to join. Yet, under the Biden administration’s misguided approach to antitrust, this economic freedom is now under threat. The Biden…
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
Minimum Standards for Maximum Pricing Constraints
Abstract Government regulators often establish maximum prices for regulated services. This paper explains the proper economic principles for establishing such constraints. The principles imply a range – an upper limit and a lower limit – that constrain the regulator’s discretion. Principles emerging from common law and from economic research align, indicating that, at a minimum,…
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,…