Happy belated Cinco de Mayo. I hope your Wednesday was full of tequila, margaritas, tacos and joy. This week I had the opportunity to try Indian tacos. Made with a fry bread shell/tortilla, this dish is a tradition of the Navajo tribe and was voted State Dish of Arizona (Fun fact, the fry bread itself is the State Bread of South Dakota).
You can try fry bread and Indian tacos at the Smithsonian National Museum of the American Indian in D.C. The Mitsitam Native Foods Café is on the main level and features indigenous food from the Western Hemisphere. But, is it any good? In my humble opinion, it can be a bit greasy but it IS good and certainly worth trying!
Banning Trump. Corbin had thoughts, so many thoughts, on one of the week’s biggest stories: the decision by Facebook’s new Oversight Board to affirm/punt the ban on Donald Trump’s Facebook and Instagram accounts. He tweeted predictions about what to watch for (how’d he do?); his initial take on the decision was quoted in U.S. News & World Report; his deeper analysis was published by (and, for a spell, was the lead story at) The Bulwark; and he tweeted some further thoughts the day after the ruling. He had a lot to say — check out the Bulwark piece in particular. But the bottom line? His gripes about the Board leave him glad that real courts don’t second-guess — thanks to the First Amendment, can’t do — content moderation! We all celebrated that point in our press release on the decision.
Big Tech. Josh Hawley’s new book, The Tyranny of Big Tech, came out this week. Berin’s drafting a review but is already helping reporters fact-check the book. “Everything he says about anything legal — and a lot of other things— is completely false,” Berin told the Kansas City Star, Missouri’s paper of record. Read Corbin’s Twitter thread on Hawley’s thumbless recent Wall Street Journal op-ed. Berin’s
The Florida legislature continued its march to constitutional oblivion, passing the Ron DeSantis-backed “Transparency in Technology Act.” In an op-ed for the Tallahassee Democrat, Ari explained that the bill is a grotesque violation of the First Amendment. His Twitter thread notes key points of the op-ed and explains that, in addition to being unconstitutional, the bill is also expressly preempted by Section 230.
The American Independent noted Berin and Corbin’s deep dive on the unconstitutionality of the bill published last month in lawfare. At the last minute, Florida Republicans tacked on an amendment exempting Internet sites and services owned by Disney and Comcast — because they also own theme parks. “The theme park thing is going to kill this bill [in court],” Berin told Reason magazine, explaining that picking winners and losers all but ensures that the bill will be subject to strict scrutiny, which it can’t possibly survive.
FCC. The Commission has sought comment on reallocating spectrum in the 12.2-12.7 GHz band from satellite use to terrestrial 5G use. Jim, our veteran space lawyer, filed comments reminding the Commission of the value of satellite services (especially to provide broadband in hard-to-serve rural areas) and urging the FCC to reissue the Notice of Proposed Rulemaking as a Notice of Inquiry. As we’ve argued for years, NPRMs should actually propose rules — not just ask questions — so that everyone knows what the Commission is proposing and can offer informed comment. Due process requires no less.
All roads lead to... We noted last week that the first Frito Lay's factory for Doritos was in Tulsa, Oklahoma. Spanish explorer Hernando de Soto came so close to reaching El Dorado, the fabled "golden city" of his dreams — Tulsa. Tulsa. How close? Roughly 112 miles, or one million small bags of Doritos.
Dorito marks the spot!