Showing archive for: “US Constitution”
A Win for Free Speech: Federal Circuit Holds (part of) §2(a) of the Lanham Act Unconstitutional
It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys. The Federal Circuit handed down a victory for free expression today — in the commercial context no less. At issue was the Lanham Act’s § 2(a) prohibition of trademark registrations that ... A Win for Free Speech: Federal Circuit Holds (part of) §2(a) of the Lanham Act Unconstitutional
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
Immoral Trademarks and a Scandalous Disregard for The First Amendment
Last July, the Eastern District of Virginia upheld the cancellation of various trademarks of the Washington Redskins on the grounds that the marks were disparaging to Native Americans. I am neither a fan of football, nor of offensive names for sports teams–what I am is a fan of free speech. Although the Redskins may be well ... Immoral Trademarks and a Scandalous Disregard for The First Amendment
Time for Congress to Consider Establishing a “SMARTER” Antitrust Merger Review Framework
On October 7, 2015, the Senate Judiciary Committee held a hearing on the “Standard Merger and Acquisition Reviews Through Equal Rules” (SMARTER) Act of 2015. As former Antitrust Modernization Commission Chair (and former Acting Assistant Attorney General for Antitrust) Deborah Garza explained in her testimony, “t]he premise of the SMARTER Act is simple: A merger ... Time for Congress to Consider Establishing a “SMARTER” Antitrust Merger Review Framework
Time to Apply Office of Management and Budget Regulatory Review to Independent Agencies
Last June, in Michigan v. EPA, the Supreme Court commendably recognized cost-benefit analysis as critical to any reasoned evaluation of regulatory proposals by federal agencies. (For more on the merits and limitations of this holding, see my June 29 blog.) The White House (Office of Management and Budget) office that evaluates proposed federal regulations, the ... Time to Apply Office of Management and Budget Regulatory Review to Independent Agencies
One Step Forward: The Supremes Add Some Bite to Environmental Cost-Benefit Analysis
Today, in Michigan v. EPA, a five-Justice Supreme Court majority (Antonin Scalia, joined by Chief Justice John Roberts, and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito, with Thomas issuing a separate concurrence) held that the Clean Air Act requires the Environmental Protection Agency (EPA) to consider costs, including the cost of compliance, when deciding ... One Step Forward: The Supremes Add Some Bite to Environmental Cost-Benefit Analysis
Raisins, Takings, and the Regulatory State
Today, in Horne v. Department of Agriculture, the U.S. Supreme Court held that the Fifth Amendment requires that the Government pay just compensation when it takes personal property, just as when it takes real property, and that the Government cannot make raisin growers relinquish their property without just compensation as a condition of selling their ... Raisins, Takings, and the Regulatory State
The Good, Bad, and the Ugly of the EU’s Proposed Data Protection Regulation
Nearly all economists from across the political spectrum agree: free trade is good. Yet free trade agreements are not always the same thing as free trade. Whether we’re talking about the Trans-Pacific Partnership or the European Union’s Digital Single Market (DSM) initiative, the question is always whether the agreement in question is reducing barriers to ... The Good, Bad, and the Ugly of the EU’s Proposed Data Protection Regulation
The FAA’s proposed drone rules fail under both economic and First Amendment scrutiny
Last week the International Center for Law & Economics, joined by TechFreedom, filed comments with the Federal Aviation Administration (FAA) in its Operation and Certification of Small Unmanned Aircraft Systems (“UAS” — i.e, drones) proceeding to establish rules for the operation of small drones in the National Airspace System. We believe that the FAA has ... The FAA’s proposed drone rules fail under both economic and First Amendment scrutiny
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
The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty
In its February 25 North Carolina Dental decision, the U.S. Supreme Court, per Justice Anthony Kennedy, held that a state regulatory board that is controlled by market participants in the industry being regulated cannot invoke “state action” antitrust immunity unless it is “actively supervised” by the state. In so ruling, the Court struck a significant ... The Supreme Court Puts the Bite on Special Interest Dental Regulations and Strikes a Blow for Economic Liberty
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
