Cribbing from one Richard Epstein google.com/amp/s/www.wsj.…
https://twitter.com/mjs_dc/status/1379065122858147843
Thomas’s suggestion appears to have had its genesis in Richard Epstein’s comments in this FedSoc webinar from February fedsoc.org/events/is-comm…
This continues the left-right convergence on limiting Big Tech’s power. But this introduces a new difference among the many distinctions already dividing the two sides’ approaches...
Lefties want to bring antitrust law back to its competition-oriented, small-d democratic-driven roots.
Righties like Thomas and Epstein oppose that model and prefer the Bork-style free-market focus on consumer prices that generally serves to protect big firms from break-up.
Righties like Thomas and Epstein oppose that model and prefer the Bork-style free-market focus on consumer prices that generally serves to protect big firms from break-up.
Righties like Thomas and Epstein also generally prefer juristocratic interventions to protect the market from democracy. It's what distinguished them from, say, Scalia for much of his career.
https://twitter.com/MikeSacksEsq/status/930814218022080512?s=20
So what are righties like Thomas and Epstein to do to curb Big Tech now that they fear it is silencing conservative voices? They won't use antitrust. They don't trust democracy. No, they'll repurpose a legal doctrine that (only) judges can apply (only) to these select firms.
So from one angle, the goals of left and right remain the same: curb the power of the tech giants. But from nearly every other angle, the means and ends are different.
Antitrust v. monopoly.
Public utility v. private market.
Democracy v. juristocracy.
Both sides of the "v" want to curb BigTech power, but how to do so, and what the end result will do to those firms, big firms generally, and American law is very, very different.
Public utility v. private market.
Democracy v. juristocracy.
Both sides of the "v" want to curb BigTech power, but how to do so, and what the end result will do to those firms, big firms generally, and American law is very, very different.
It's actually quite amazing how even on BigTech stuff, Epstein and Thomas managed to conjure up a legal theory that serves their immediate political preferences while leaving their enduring ideological priors entirely intact.
Adding this very good and very smart thread here
https://twitter.com/glakier/status/1379445454669279235?s=20
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