Defend Speech Even When Your Side Hates It
Civil liberties attorney Jenin Younes recounts her role in Murthy v. Missouri, her opposition to pandemic mandates, and why she believes Trump poses an even greater threat to free speech than Biden.
FCC
FCC Threats Against Jimmy Kimmel Echo a Century of Speech Control
From the Fairness Doctrine to Nixon’s “raised eyebrow,” government licensing power has long chilled broadcast speech—proving the First Amendment should apply fully to the airwaves.
Trump's Vision of Broadcast Regulation Is a Threat to Conservatives
History suggests that Republicans will regret letting the FCC police TV programming.
Brendan Carr Says Networks Must Serve the 'Public Interest.' What Does That Mean?
Congress placed the term in the law but chose not to define it, leaving that task for future regulators.
60 Years Ago, Ayn Rand Denounced FCC Censorship. Brendan Carr Should Listen.
In her 1962 essay "Have Gun, Will Nudge," Rand explained exactly how the public interest standard would lead to censorship.
Free Speech Means You Can Criticize Anyone
Plus: Fallout from the Tom Homan bribery probe, U.S. forces strike Venezuelan drug boats, and Trump considers sending troops back to Afghanistan
America's Free Speech Culture Is Under Attack From Within
The First Amendment still stands, but the culture that supports it is eroding.
The FCC's Involvement in Canceling Jimmy Kimmel Was 'Unbelievably Dangerous,' Ted Cruz Says
Rand Paul concurs that the threats preceding the comedian's suspension were "absolutely inappropriate" because the agency has "no business weighing in on this."
The FCC Chair's Unprecedented, and Constitutionally Problematic, Response to Jimmy Kimmel
And Trump's much more extreme one. [EV writes: I bumped this post from yesterday, because it struck me as especially timely and substantively valuable.]
Should Elected Officials Censor Americans? Trump's Administration Says Yes.
Vice President J.D. Vance and Sen. Cynthia Lummis are among the latest conservatives to turn their backs on free speech when it comes to their ideological opponents.
Abolish the FCC
The Trump Administration's recent abuses of the agency's powers lend weight to longstanding libertarian arguments for abolishing it, going back to Nobel Prize-winning economist Ronald Coase's classic 1959 article.
Brendan Carr Flagrantly Abused His Powers To Cancel Jimmy Kimmel
"We can do this the easy way or the hard way," the FCC chairman said, threatening to punish broadcasters for airing the comedian's show.
Did You Ask the FCC If You Can Make That Joke?
Plus: America's cocaine habit, how Charlie Kirk handled South Park, and more...
Brendan Carr and Ted Cruz Don't Think Charlie Kirk's Murder Justifies Speech Restrictions
Rand Paul, who called for "a crackdown on people" who celebrated the assassination, was less careful in distinguishing between private and government action.
Does the Congressional Review Act Bar the FCC's Data Breach Reporting Rule?
The Sixth Circuit wrestles with what it means for a regulation to be "substantially the same" as one disapproved by Congress.
South Park's Trump Takedown Joins a Proud American Tradition
The cartoon’s savage Season 27 premiere puts a tiny, naked Trump in bed with Satan—and lands squarely in the American tradition of using outrageous satire to hold the powerful accountable.
FCC Chairman Brendan Carr's Meddling in Broadcast Journalism Contradicts His Own Avowed Views
As a minority FCC member during the Bush administration, Carr condemned government interference with newsroom decisions.
The FCC's Paramount/Skydance Decision Aims To Reshape Broadcast Journalism by Bureaucratic Fiat
Chairman Brendan Carr thinks his agency should strive to ensure that news coverage is fair and balanced—a role precluded by the First Amendment.
Famine in Gaza
Plus: The Columbia settlement as a "blueprint" for going after other universities, South Park lampoons Trump, and more...
How To Keep Your Radio Station Going When the Government's Checks Don't Come
The Senate just voted to cut off the Corporation for Public Broadcasting. What comes next?
By Settling Trump's Laughable Lawsuit Against CBS, Paramount Strikes a Blow at Freedom of the Press
The company's surrender to Trump's extortion vindicates his strategy of using frivolous litigation and his presidential powers to punish constitutionally protected speech.
A Flawed, but Encouraging Nondelegation Decision
The Supreme Court may have reached the wrong result in FCC v. Consumers Research. But ruling emphasizes there are significant constitutional limits to legislative delegation to the executive.
If Brendan Carr Cares About Free Speech, He Should Make These Changes at the FCC
Now is the perfect time for the FCC to change its precedent to comply with the First Amendment.
Trump's Threats Against Musk and Newsom Reflect an Authoritarian Intolerance of Dissent
Even if the president was joking in both cases, he already has used his powers to punish people whose views offend him.
Trump Wants $25 Million To Settle His Meritless 60 Minutes Lawsuit
In a legal filing this week, Trump argued that routine edits to a CBS News interview he did not participate in caused him "confusion and mental anguish."
Trump's Actions Contradict His Avowed Commitment to First Amendment Rights
The president has launched a multifaceted crusade against speech that offends him.
FCC Chair Investigates Disney Over Potential Past and Present DEI Policies
Disney scaled back DEI policies this year. FCC Chairman Brendan Carr still opened an investigation.
The FCC's Show Trial Against CBS Is a Political Power Play
The commission’s partisan “news distortion” probe is trampling the First Amendment to pressure the press.
The FCC and Its Private Taxman Go to Court
FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.
FCC Chair Brendan Carr Wants More Control Over Social Media
Carr advocates greater control over social media by federal regulators, despite a reputation for supporting free speech.
Trump Is Flat-Out Lying About the 60 Minutes Interview With Harris
The full transcript shows the president's complaints about the editing of the interview are not just wildly hyperbolic and legally groundless. They are demonstrably false.
How the FCC's 'Warrior for Free Speech' Became Our Censor in Chief
Brendan Carr has a clear record of threatening to suppress constitutionally protected speech.
Paramount Shouldn't Fold to Trump
Settling Trump’s CBS lawsuit won’t buy peace—it will sell out press freedom.
Why Is Paramount So Keen To Settle Trump's Laughable Lawsuit Against CBS?
The company is worried that the president's complaints about a 60 Minutes interview with Kamala Harris could block a pending merger.
Wireless Capacity Is Running Thin, but Spectrum Auctions Can Save 5G
Billions of dollars in government revenue is a no-brainer.
The Incoming FCC Chief Is No 'Warrior for Free Speech'
Brendan Carr is prepared to block a merger because he doesn't approve of minor CBS editorial decisions.
Sixth Circuit Rejects FCC's Open Internet Order as Inconsistent with Statutory Text
The unanimous panel has little difficulty concluding the FCC sought to exercise authority it did not have.
Which Way, FCC—Build or Stagnate?
Marc Andreessen’s call to build clashed with Washington’s regulatory mindset.
Five Executive Orders To Unleash Markets in Space
Simple policy changes can unleash innovation, remove barriers, and secure U.S. dominance in the final frontier.
Trump's Chaos Cabinet
Plus: a listener asks the editors about fluoride in the water supply.
Supreme Court Grants Certiorari in Nondelegation Case
A challenge to the FCC's Universal Service Fee could produce a major administrative law decision.
Incoming FCC Chairman Brendan Carr's Beef With NewsGuard Is Legally Dubious and Empirically Shaky
The company, which says it takes an "apolitical approach" to rating news outlets, faces regulatory threats and a congressional probe because of its perceived bias against conservatives.
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
Trump's Pick To Run the FCC Wants To Restrict the Editorial Discretion of Social Media Platforms
"Reining in Big Tech," Brendan Carr says, requires scrapping liability protections and restricting moderation decisions.
Map: Pearl Clutchers in Hot Spring County
A rural Arkansas county files more than twice as many FCC complaints per resident than anywhere else in the United States.
Abolish the FCC's Equal Time Rule Before the Next Election
The decades-old regulation imposes burdens that no other media outlets are subject to.
Trump's Legal Complaints Against 2 News Outlets Reflect His Disregard for Freedom of the Press
The Republican presidential candidate argues that CBS and The Washington Post broke the law by covering the election in ways he did not like.
