Tom Hazlett, writing in the Wall Street Journal, explains the dangers of the Radio Act of 1927’s “equal time rule” – a rule now being wielded to no good purpose by Trump’s Federal Communications Commission. A slice:
Proponents say the Equal Time Rule fosters media coverage of politics and affords political candidates greater public access. Critics say it has outlived its usefulness, as today’s media landscape offers a cornucopia of platforms unknown in 1920s America. The critics are right, except for one thing: The rule has never been useful and has always functioned mostly to suppress coverage for challengers.
As University of Texas law professor Lucas A. Powe Jr. wrote in his 1987 book, “American Broadcasting and the First Amendment,” the Federal Communications Commission and courts “have virtually always . . . interpreted the statute, despite its precision, to assist those who hold power. Moreover, when it has come time to legislate, the Congress has blatantly used section 315”—the Equal Time statute — “to bolster the position of those already holding political office.”
In February, a CBS attorney alerted Stephen Colbert that interviewing U.S. Senate candidate James Talarico, a Texas Democrat, on his TV show could invite equal-time demands from other candidates. Doling out free “equal time” or risking a fine for noncompliance is expensive.
Mr. Colbert went ahead and interviewed Mr. Talarico but their conversation ran not on TV but on (unregulated) YouTube. It received about 85 million views across social media, compared with Mr. Colbert’s roughly 2.5 million household audience on CBS.
New media has been a godsend for free speech. But there is no good reason to cling to bad ideas from the Coolidge era for traditional programming. “Equal time” requirements tax free speech and turn debates into media circuses. The networks won’t broadcast them, and major-party candidates boycott them.
Also critical of the FCC – but on a different matter from the one addressed by Tom Hazlett – is the Editorial Board of the Washington Post. A slice:
The FCC wants to set caps on the number of calls that happen with people abroad while giving customers the choice to speak with someone in the United States. The bureaucracy would also like to force cable, internet and phone firms to disclose the location of whoever is taking your call and require language proficiency requirements.
A classic move by socialists looking to expand the reach of the state is to find experiences that people find frustrating and promise that bigger government can help. It’s a tactic more common among figures like Sen. Bernie Sanders (I-Vermont) than a Republican-controlled FCC, but this isn’t the first time Chairman Brendan Carr has embraced a bigger role for government.
His most aggressive tactics include threatening the licenses of networks like ABC and CBS through “news distortion” investigations, notably pressuring Disney to temporarily suspend comedian Jimmy Kimmel’s show, which had the predictable effect of making the comedian more popular.
Managing how private firms handle call centers will backfire too. More agents moved overseas because it made economic sense, and companies could find enough human capital to provide a needed level of service. (Millions of Indians and Filipinos would no doubt ace an English proficiency test.) If consumers valued native-English speakers enough, they would value companies who raise prices to provide a better call experience with more expensive agents.
Vance Ginn rightly pleads for antitrust to be made boring again. Two slices:
The Federal Trade Commission’s recent appeal in its antitrust case against Meta and the government’s new appeal in the Google search case are not just legal headlines. They are signals to capital markets about how political the federal government wants antitrust policy to be.
If we keep pushing antitrust toward populist storytelling instead of consumer harm, we will get less investment, slower innovation, and weaker competition. Antitrust works best when it is boring. Not toothless, but disciplined.
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In the past few years, however, antitrust laws have been turned into a political Swiss Army knife. Under the Biden administration, Lina Khan’s FTC pushed a structural, populist approach that often treated “big” companies as inherently suspicious, even when consumer harm was difficult to prove. Now, some voices on the right — in and out of the Trump administration — are tempted to copy the same playbook for different reasons, using antitrust laws to punish perceived “bias” or to settle cultural grievances.
The Biden and Trump administrations may have different slogans, but they are making the same economic error.
Phil Magness writes about Carl Schmitt, “the Nazi philosopher behind the postliberal right.” Two slices:
In Part I of this series, we examined postliberalism’s war on economics — how its proponents blame free markets for every social ill while demonstrating little grasp of the discipline they attack. But postliberalism’s ambitions are ultimately Constitutional; its deeper project is dismantling the Madisonian order (the separation of powers and checks and balances within the federal government created to prevent anyone from accumulating too much power).
The entire intellectual apparatus for this anti-constitutional attack is built on borrowed Nazi jurisprudence and historical fabrication. To understand this history, we need to follow a single intellectual thread: from Carl Schmitt to 9/11 to the White House.
The fading political memories of the George W. Bush administration have become something of a stand-in for postliberalism’s broader assault against pre-Trump conservative politics. The “neoconservative” blunders during the Iraq and Afghanistan Wars are a recurring postliberal complaint — a symbol of the wing of the Republican Party that it aims to bury once and for all under Trump and Vance, their favored successor in 2028.
Yet for all its posturing as a conservative sea change, postliberal theory has more in common with Bush-era foreign policy than it cares to admit (as we are now seeing in Iran).
The main intellectual link comes in the person of Carl Schmitt, an eccentric German legal theorist from the early 20th century. Once a leading conservative academic figure in the Weimar Republic, Schmitt fell into disrepute after 1933 when he joined the Nazi Party and wrote the legal justifications for Hitler’s seizure of power. Schmitt’s involvement with Nazism rightfully wrecked his postwar academic career, yet he managed to retain a stream of academic interlocutors who saw flashes of brilliance, or at least provocative insight, in his writings on constitutional theory.
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Postliberals have spent years denouncing the 1619 Project as a radical assault on American identity — so have I. They were right that it was radical; the 1619 Project declared America’s founding irreparably tainted by slavery.
Patrick Deneen, the subject of the first installment of this series, makes an identical move. He just has a different original sin: not slavery, but individual liberty itself.
Both are refounding projects. Both treat 1776 as a problem. Both have serious historical errors. And both reject political liberalism.
At this point, Vermeule, Deneen, and other postliberals run into a practical branding problem for their ideology. Tearing down the Madisonian constitutional order and recasting it as a relic of past errors smacks of Critical Race Theory, or the 1619 Project, “Cultural Marxism,” or any number of similar political bugbears to the American right. Founder-bashing has never had a particularly receptive audience among conservatives.
J.D. Tuccille reflects on Adam Smith’s Inquiry Into the Nature and Causes of the Wealth of Nations. A slice:
Environmental fetishes are recent justifications for interfering in market transactions, but old fears that international trade is somehow unfair also, once again, underlie political interference in commerce. Last April, the protectionist Trump administration published a trade report promising that the president’s policies would “reduce our destructive trade imbalance…by putting America First” with tariffs and other restrictions on trade.
Adam Smith was familiar with such arguments and dismissed them as nonsense.
“To lay extraordinary restraints upon the importation of goods of almost all kinds, from those particular countries with which the balance of trade is supposed to be disadvantageous, is the second expedient by which the commercial system proposes to increase the quantity of gold and silver,” he wrote. “Nothing, however, can be more absurd than this whole doctrine of the balance of trade, upon which, not only these restraints, but almost all the other regulations of commerce, are founded….Trade which, without force or constraint, is naturally and regularly carried on between any two places, is always advantageous, though not always equally so, to both.”
Whether for novel environmental reasons or in the name of old-fashioned nationalism, government interference in economic activities is often justified on the grounds that people are “selfish.” By that, of course, politicians mean that people act for their own reasons and not to advance the priorities of those in office. But to Smith, that was part of the productive glory of a free society.
Also celebrating the 250th anniversary of the publication of Adam Smith’s great 1776 book is my GMU Econ colleague Dan Klein.
Mark Skousen, too, marks the 250th anniversary of the publications of Smith’s marvelous 1776 study.
Bjorn Lomborg makes clear “how reality destroyed Europe’s green energy dreams.” A slice:
Stagnant or sluggish economic growth persists as a chronic problem, exacerbated by high energy costs, regulatory burdens, and demographic pressures, limiting prosperity and the ability to fund public services or innovation. Pensions and aging populations pose a looming fiscal crisis, with pay-as-you-go systems strained by longer life spans, lower birth rates, and insufficient reforms, threatening unsustainable debt burdens on future generations. Lack of constraints on immigration and integration failures have fueled social tensions, security concerns, and political polarization, ranking high in recent surveys alongside irregular migration flows as a top worry for many citizens.
These overlapping crises and concerns explain why the EU’s once near-obsessive focus on climate has receded so precipitously—Europeans now demand balanced attention to a full spectrum of threats that directly impact security, prosperity, and their daily life—the world is becoming scarier, while more costs are coming into focus.
David Bier tweets: (HT Scott Lincicome)
Ask: “Should Americans be allowed to accept free stuff from foreigners?”
Then ask: “Should Americans be allowed to accept almost free stuff from foreigners?”