Hunter Biden and the First Amendment
Plus, thoughts on private space flight and a new podcast episode on Apple and antitrust.
The summer has yet to officially end, but one of the most iconic symbols of fall has returned in full force: the pumpkin spice latte. Its re-release this year was earlier than ever — on August 24, pumpkin spice disciples could already brave the 85-degree weather to pick up a deeply autumnal drink. A few years from now, at this rate, it’ll be dropping soon after people take down their Christmas lights.
Wise commentators have concocted all sorts of explanations for why we react the way we do to the PSL. Some connect the pumpkin spice flavor to a universal sense of nostalgia for home, family, and holidays like Thanksgiving. Others blame capitalism (huge shocker, yes). But if you’re in the anti-Starbucks camp, have no fear. Businesses have become so creative that you still have abundant opportunities to participate in the pumpkin spice phenomenon without buying a coffee. Pumpkin spice salmon with pumpkin spice hummus, anyone?
Space. Jim shares his thoughts on the recent private trips to space (or near space) made by Sir Richard Branson and Jeff Bezos in “Bring on the Space Barons.” Jim focuses on how technologies we find indispensable today were often the “play toys” of the rich just a few years ago, and if we want to become a multi-planet species, we must expect to be led by those willing to risk their personal wealth on the gambit.
Antitrust. Remember when Epic Games made a splash with that ad campaign-cum-lawsuit challenging the rules and commission structure of the Apple app store? The judge in the case issued her ruling last week, and, on the latest Tech Policy Podcast, Corbin and Geoff Manne, president and founder of the International Center for Law & Economics, tell us all about it. The tl;dr is that the judge ruled in favor of Apple—but only just, and not in full. Geoff and Corbin also discuss what the decision means for Apple, and how it could shape the future of antitrust policy.
Campaign Finance & the First Amendment. Back in March, Corbin and Berin wrote in Lawfare about the (many) holes in the Republican National Committee’s theory that, by blocking a New York Post story attacking Hunter Biden, Twitter violated campaign-finance law. Still, as the two noted at the time, the Federal Election Commission is a bipartisan agency; a chance existed that, the flaws in the RNC’s complaint notwithstanding, the agency would deadlock on the matter. It was something of a relief, therefore, when the FEC this week voted 6-0 to dismiss the case. Not only did the FEC unanimously reach the right result; its GOP commissioners issued separate opinions strongly endorsing social media websites’ First Amendment rights. Corbin tweeted some thoughts on what turned out to be a very good day at the FEC.