SCOTUS Affirms Key 1A Principles, but Mostly Punts on State Social Media Laws
Plus jawboning, Chevron deference, and more…
NetChoice Cases: Berin, Corbin, and Ari joined the ACLU’s Jennifer Grannick in a Spaces event to analyze the Supreme Court’s ruling in the NetChoice cases. Corbin’s statement on the opinion was quoted by Fast Company, and the Spaces event was quoted by CyberScoop.
In Law & Liberty, Corbin explained why these cases were sent back to the lower courts, and questions whether Texas and Florida should keep litigating them. The “Big Tech censorship” narrative, he argued, is flimsier than ever. His essay was also featured in RealClearMarkets.
Jawboning: Corbin joined a Federalist Society panel to debate the Supreme Court’s ruling in Murthy v. Missouri. He explained how his fellow panelists—lawyers in the case—botched the litigation and potentially created bad law. (Yes, it was awkward.) He was also a guest on Law & Chaos, where he struck a similar note about Murthy, and also discussed the NetChoice cases.
Chevron: Berin’s thread on the Loper Bright ruling underscored the upcoming challenges for the FCC. It’s evident that without Chevron deference, the Commission will struggle to defend its classification of broadband under Title II.
FTC: Berin was quoted by Bloomberg Law and WIRED discussing how the end of Chevron deference also places the FTC’s April decision to ban non-compete clauses in serious jeopardy.
Space Law: In SpaceNews, Jim outlined the implications of the Loper Bright ruling for agencies navigating regulatory challenges in outer space, amidst a current lack of clear legislative framework. The solution: Congress must pass a National Space Act to define agency authority and address regulatory gaps.
Broadband: On a new Tech Policy Podcast, Berin and Jim pick apart the FCC’s recent orders on Title II common-carrier regulation and digital discrimination.
Kids Safety: On another recent episode of the Tech Policy Podcast, Alice Marwick, of UNC-Chapel Hill, promotes her excellent new paper, “Child Online Safety Legislation: A Primer.”
AI: On his Substack, economist and writer Arnold Kling revisits yet another recent episode of the Tech Policy Podcast, in which he and Corbin discuss his article on AI and so-called wicked problems.
TikTok: Reason mentioned the amicus brief we joined last month urging the D.C. Circuit to grant a preliminary injunction against the federal law banning TikTok.
Upcoming Event: Tomorrow, Berin will join the inaugural Liberalism for the 21st Century conference hosted by the Institute for the Study of Modern Authoritarianism. His panel will explore the effects of AI and technological advancements on censorship, misinformation, and citizen-government interactions.
I’m sure next year’s term will be less dramatic.