Supreme Court Filings Begin for NetChoice v. Moody
Plus a whole lot of spectrum, sludge, and due process
I would tell you a joke about mayonnaise, but I’m afraid you might spread it. This week's topic is the sandwich. The namesake is said to be John Montagu, the 4th Earl of Sandwich, and a well-known gambler. After noticing the delicacy while visiting the Eastern Mediterranean, he asked his chef to prepare the same meal—allowing the earl to have one hand free to continue his game. For those now inspired to prepare their own sandwich, please remember, a great sandwich isn't born—it’s bread.
Netchoice v. Moody. On Tuesday, Corbin was interviewed by Communications Litigation Today (paywall) about this week’s filings in NetChoice v. Moody. Corbin mentions the uncommon nature of Trump’s recent filing—and notes that Trump owns Truth Social, a social media platform that competes with the platforms he wants regulated. We have filed an amicus brief at each stage of this litigation. We’ll be filing in the case at the Supreme Court next month.
Spectrum. We’re supporting a bipartisan congressional coalition letter to the NTIA urging a comprehensive review of federal receiver technology and procurement policy. Demand for spectrum is increasing at an unprecedented pace. For the United States to remain the leader in wireless communications technology it will need to use spectrum more intensively and efficiently, and that will require smarter radios, especially for federal users. For more, see the press release and our comments to the FCC on receiver standards.
FTC. Our remarks from last week’s FTC Open Meeting were quoted in Modern Retail. If you weren't able to watch it live, check out the video. Berin’s remarks start at 14:20, Bilal’s at 16:27 and Andy’s at 42:12. You can also read a full transcript of their remarks on our website.
Sludge. Corbin and Neil Chilson from Stand Together presented at the Mercatus Center’s Markets & Society Conference over the weekend. Their presentation expanded on Corbin’s essay in City Journal discussing how institutional sludge and hubris are undermining expertise. Their panel was not recorded, but luckily we have the slide deck.
Upcoming Events. Tomorrow, October 28, Berin and Jim will take part in a research roundtable hosted by Pacific Legal Foundation and the Center for Growth and Opportunity. Berin will discuss due process limits on the FTC’s penalty offense authority, and Jim will discuss the due process concerns with the FCC delegating USF authority to a private entity.
You may not like it, but this is what peak performance looks like.