Happy early Father's Day and Juneteenth!
What a weekend to celebrate! In other exciting news, we spent the week analyzing Section 230, state proposals to regulate social media, conflicting goals for Senate antitrust, and much more.
Excited for the holiday weekend? This Sunday’s a double whammy—Father’s Day and Juneteenth, the celebration of the official end of slavery in the United States, when Texas emancipated its enslaved people.
Every family has their own traditions for Father’s Day, but you might be wondering what you can do to honor Juneteenth as well. If you’re in D.C., like myself, you can find educational events at the National Archives or Smithsonian National Museum of African American History and Culture, or do some shopping at the Black Business Expo in Silver Spring. And no matter where you are, you can whip up some red-colored snacks to observe this historic day!
Section 230. On Tuesday, Andy appeared on the Young Voices radio program, “Moving Forward,” to discuss the importance of Section 230 and how it differs from the First Amendment. In the interview, Andy (starting at the 11:03 mark) reminds us the First Amendment allows companies to moderate content on their platform and that the calls to amend Section 230 on this basis are red herrings. He also reminds us that Section 230 is the law that gives platforms the flexibility to remove offensive or dangerous content—like the Buffalo mass shooting livestream—without fear of prosecution. For more of Andy’s work on Section 230 and the First Amendment, check out his recent op-ed for the Foundation for Economic Education and interview on The Bullpen.
FTC. On June 27, Berin will be participating in a conference organized by Concurrences and CCIA, regarding the FTC’s rulemaking authority. Berin will explain Why the Congress of 1914 couldn’t possibly have intended for the FTC to make rules governing all unfair methods of competition—and what it would mean, in practical terms, for the FTC to be able to function as, essentially, a second national legislature. TechFreedom has long taken the lead in arguing that the FTC has no legal authority to issue binding rules. As we’ve explained in comments to the agency, in an all-star TechFreedom webinar, at a widely viewed FedSoc event, and in essays published in City Journal, Law & Liberty, and Truth on the Market, UMC rulemaking would be inconsistent with both the FTC Act and the constitutional separation of powers.
Social Media Regulation. Earlier today, the Thomas Reuters Foundation quoted Ari regarding the increase in action by state governments to regulate social media platforms. Ari reminds us that many of these proposals undermine free speech principles and that social media companies have the right to decide what kind of speech they want on their platforms.
Antitrust. Last Friday, Reason highlighted a Twitter thread Andy wrote on the American Innovation and Choice Online Act (AICOA). In the thread, Andy highlighted conflicting statements by Democrats and Republicans regarding the purpose and envisioned application of AICOA. On the one hand, Democrats like Senator Klobuchar and Congressman Cicilline are quick to wave away concerns that the political right could weaponize the bill to attack the content moderation practices of social media companies. On the other hand, Republicans like Senator Cruz and Congressman Buck have stated that attacking content moderation is exactly their goal for the bill. At a press conference last week in support of AICOA, Buck said: “There’s something wrong when companies that are this big control speech platforms…We have not addressed the threat to free speech that big tech poses." It’s increasingly evident that Democrats are ignoring the pitfalls of AICOA to force the legislation through Congress.
Administrative Law. This week, the Supreme Court released its decision in American Hospital Association v. Becerra. The unanimous opinion does not mention Chevron deference, and some commentators took this as a signal about the doctrine’s potential demise. Corbin isn’t so sure, as he explained in an interview for Communications Daily (paywall). Corbin “doesn’t think the majority opinion’s lack of Chevron mentions signifies much,” the article reports. “AHA v. Becerra’s [merits] briefs mention Chevron,” but only “as an afterthought, [Corbin] said.”
Follow us on Twitter! Corbin @CorbinKBarthold; Bilal @BilalKSayyed; Andy @AndyJungTech; Santana @SantanaBoulton; Jason @JasonKuznicki; me (Rachel) @MillionthRachel; Berin @BerinSzoka; Ari @AriCohn.