Non-Compete Clauses: Hire Today, Gone Tomorrow?
Plus obscenity, spectrum sharing, net neutrality, and more…
Non-Competes: Shortly after the FTC approved a ban on non-compete agreements, Berin explained that the Commission lacks the authority to do what it’s trying to do, and that the ban probably won’t last long in court.
Berin was also quoted in Variety and Reason, Bilal was quoted in Global Competition Review (paywall), and our original comments were mentioned by the Competitive Enterprise Institute.
First Amendment: On the latest Tech Policy Podcast, Corbin and Ari surveyed the history of obscenity law, from the founding fathers, to James Joyce, to the infamous “I know it when I see it” standard—and then moved on to today’s Fifth Circuit, which is working hard to keep the sordid traditions of censorship alive.
Broadband: After the FCC voted to reinstate net neutrality regulations, Berin explained why the courts are likely to find Title II reclassification a “major question” that must be decided by Congress—and why only legislation can resolve the net neutrality debate. For more, checkout his live thread of the meeting.
Space: Today, Jim filed comments to the FCC in support of a call for the FCC to revisit the 30-year-old rules in the 1.6GHz space band, calling for more efficient use; the original rules contemplated multiple operators sharing spectrum, but today only two legacy firms operate low-bandwidth satellites.
Salman Rushdie: In City Journal, Corbin reviewed Salman Rushdie’s new memoir, Knife, which chronicles the price Rushdie paid—being stabbed nearly to death by a would-be assassin—for engaging in free expression.

Another unanimous loss at SCOTUS?