Showing archive for: “First Amendment”
U.S. Food and Drug Administration (FDA) Reforms Needed to Promote Path-Breaking Biopharmaceutical Innovation
Yesterday the Heritage Foundation published a Legal Memorandum, in which I explain the need for the reform of U.S. Food and Drug Administration (FDA) regulation, in order to promote path-breaking biopharmaceutical innovation. Highlights of this Legal Memorandum are set forth below. In recent decades, U.S. and foreign biopharmaceutical companies (makers of drugs that are based ... U.S. Food and Drug Administration (FDA) Reforms Needed to Promote Path-Breaking Biopharmaceutical Innovation
Supporting my Mizzou Students
Unless you live under a rock, you know that the president and chancellor of the University of Missouri, where I teach law, have resigned in response to protests over their failure to respond to several (three identified) racist incidents on campus. A group called Concerned Student 1950 staged a series of protests and demanded, among other things, ... Supporting my Mizzou Students
FCC Preemption of State Municipal Broadband Restrictions is Legally Problematic and Bad for Taxpayers and Competition
By a 3-2 vote, the Federal Communications Commission (FCC) decided on February 26 to preempt state laws in North Carolina and Tennessee that bar municipally-owned broadband providers from providing services beyond their geographic boundaries. This decision raises substantial legal issues and threatens economic harm to state taxpayers and consumers. The narrow FCC majority rested its ... FCC Preemption of State Municipal Broadband Restrictions is Legally Problematic and Bad for Taxpayers and Competition
D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech
In a previous Truth on the Market blog posting, I noted that the FTC recently revised its “advertising substantiation” policy in a highly problematic manner. In particular, in a number of recent enforcement actions, an FTC majority has taken the position that it will deem advertising claims “deceptive” unless they are supported by two randomized ... D.C. Circuit POM Wonderful Decision Begins to Rein in Excessive FTC Regulation of Commercial Speech
Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
On December 11 I published a Heritage Foundation Legal Memorandum on this topic. I concluded that the federal courts have done a fairly good job in harmonizing antitrust with constitutionally-based federalism and First Amendment interests (petitioning, free speech, and religious freedom). Nevertheless, it must be admitted that these “constitutional constraints” somewhat limit the ability of ... Challenging Anticompetitive Government Action, in Light of Constitutional Constraints on U.S. Antitrust Law
Internet Governance, Internet Freedom, and Accountability: Will Congress Step In?
In March 2014, the U.S. Government’s National Telecommunications and Information Administration (NTIA, the Executive Branch’s telecommunications policy agency) abruptly announced that it did not plan to renew its contract with the Internet Corporation for Assigned Names and Numbers (ICANN) to maintain core functions of the Internet. ICANN oversees the Internet domain name system through its ... Internet Governance, Internet Freedom, and Accountability: Will Congress Step In?
Time for the FTC to Reform its Advertising Substantiation Program
In my just published Heritage Foundation Legal Memorandum, I argue that the U.S. Federal Trade Commission (FTC) should substantially scale back its overly aggressive “advertising substantiation” program, which disincentivizes firms from providing the public with valuable information about the products they sell. As I explain: “The . . . [FTC] has a long history of ... Time for the FTC to Reform its Advertising Substantiation Program
October 7 Heritage Foundation Event Highlights Economic Liberties Protected by the Constitution
I highly recommend that free market aficionados attend or listen to the Heritage Foundation’s October 7 program on economic liberties and the Constitution. This event, hosted by my colleague Paul Larkin, will feature presentations by constitutional litigator Clark Neily of the Institute for Justice and two brilliant market-oriented Constitutional scholars – Professors Randy Barnett and ... October 7 Heritage Foundation Event Highlights Economic Liberties Protected by the Constitution
Constitutional Dynamism: Responding to Tim Wu on “Machine Speech”, “Opportunism”, and First Amendment
William Buckley once described a conservative as “someone who stands athwart history, yelling Stop.” Ironically, this definition applies to Professor Tim Wu’s stance against the Supreme Court applying the Constitution’s protections to the information age. Wu admits he is going against the grain by fighting what he describes as leading liberals from the civil rights ... Constitutional Dynamism: Responding to Tim Wu on “Machine Speech”, “Opportunism”, and First Amendment
Welcome new TOTM bloggers Gus Hurwitz and Ben Sperry
We’re delighted to welcome two new bloggers to Truth on the Market: Gus Hurwitz and Ben Sperry. Gus is an assistant professor of law at the University of Nebraska. His work looks at the interface between law and technology and the role of regulation in high-tech industries. He has a particular expertise in telecommunications law and ... Welcome new TOTM bloggers Gus Hurwitz and Ben Sperry
Religious Liberty for Dummies
According to Senators Barbara Boxer, Jeanne Shaheen, and Patty Murray, the Catholic Church is the real bully in the fight over whether religious employers must include coverage for contraception in the insurance policies they offer their employees. In yesterday’s Wall Street Journal, the three responded to, in their words, the “aggressive and misleading campaign” against this ... Religious Liberty for Dummies
Larry Ribstein’s Top Posts of 2011
Happy New Year TOTM readers. I’ve had a very difficult time returning to blogging. Monday mornings I would normally wake up to a string of four or five of Larry’s posts already up and attracting comments. He had a way of making one feel incredibly inefficient and unproductive by comparison! Of course, there was never ... Larry Ribstein’s Top Posts of 2011
