Chevron Deference in the Balance
Plus TikTok, Utah, Montana, our DC happy hour, and more . . .
Chevron: Corbin wrote for the FedSoc Blog on the likely demise of Chevron v. NRDC (1984), “the most notorious decision in administrative law.” He was quoted on the same subject in Communications Daily (paywall).
Podcast: On the latest Tech Policy Podcast, Corbin and Ari discussed TikTok, legislators’ concerns about national security, and whether a ban of the app can survive under the First Amendment.
Substack: Ari offered analysis of Utah officials’ justifications of their new social media restrictions, saying, of Gov. Spencer Cox: “I suppose you can’t exactly be expected to cite precedent when your argument amounts to ‘nu uh.’”
KOSA: Law360 (paywall) quoted Ari: “KOSA’s sponsors seem determined to ignore repeated warnings that KOSA violates the First Amendment and will in fact harm minors.” He was quoted on the same subject in NM Political Report and MediaPost, and referenced in Bloomberg Law.
Montana: As we all know, the state’s governor, Greg Gianforte, offered a ham-handed amendment to a bill that would have banned TikTok—which accidentally proposed banning all social media entirely. Ari got yet another quote, this time in Fudzilla, about the debacle.
EARN IT: Duo Security quoted our letter on the latest attempt to get this poorly considered legislation through Congress. Not much has changed since the last time.
AEI 230 Summit: Last week, AEI published an edited and abridged transcript of key highlights from their Section 230 Spring Summit, at which both Berin and Ari spoke.
JCPA: We were in the UCLA Institute for Technology, Law & Policy’s report “Sustaining Journalism, Sustaining Democracy A Policy Guide on Platforms and the Press” (p.34), on how the Journalism Competition and Preservation Act would force platforms to carry even misinformation against their own policies.
Happy Hour: Berin is crossing the pond to help us engage more on the EU tech regulations that are increasingly shaping tech policy debates here. He’ll be working from Europe for some time, so please join us for a happy hour on May 16 to see him off and catch up with the TechFreedom gang, including Shane, Andy, Dan, Jared, and special guest star Ari.
Champagne for our real friends.