Daniel Lyons
@profdaniellyons.bsky.social
Professor & Associate Dean, Boston College Law School; Nonresident Senior Fellow, American Enterprise Institute. Telecom/Internet Law, Admin Law, Energy.
Reposted by Daniel Lyons
Coming Wednesday: online AEI panel on the FCC's targeting of broadcast content (such as the Jimmy Kimmel Show and 60 Minutes's Kamala Harris interview) with free speech expert Robert Corn-Revere of @thefireorg.bsky.social, @profdaniellyons.bsky.social and others
www.aei.org
October 5, 2025 at 1:13 PM
Coming Wednesday: online AEI panel on the FCC's targeting of broadcast content (such as the Jimmy Kimmel Show and 60 Minutes's Kamala Harris interview) with free speech expert Robert Corn-Revere of @thefireorg.bsky.social, @profdaniellyons.bsky.social and others
Reposted by Daniel Lyons
It should not matter who would "win." The use of violence against ones political opponents is antithetical to the existence and maintenance of a free, diverse, democratic republic. If you can't condemn this act, you don't embrace the principles upon which such a society is built.
If I have any credibility with you from 20 years of reporting on rightwing & fascist movements, please listen when I beg you not to celebrate Charlie Kirk getting shot. Leave aside morality: this isn’t a match in dry grass, it’s a torch. We do not want what this could ignite & we would not win.
September 10, 2025 at 9:08 PM
It should not matter who would "win." The use of violence against ones political opponents is antithetical to the existence and maintenance of a free, diverse, democratic republic. If you can't condemn this act, you don't embrace the principles upon which such a society is built.
Reposted by Daniel Lyons
In which @kateruane.bsky.social, @profdaniellyons.bsky.social, and l dish on Free Speech Coalition v. Paxton, the TikTok ruling, and more.
Not a great SCOTUS term for tech + free speech.
www.youtube.com/watch?v=03q0...
Not a great SCOTUS term for tech + free speech.
www.youtube.com/watch?v=03q0...
Free Speech and Tech Policy at the US Supreme Court, 2025
YouTube video by American Enterprise Institute
www.youtube.com
July 9, 2025 at 7:01 PM
In which @kateruane.bsky.social, @profdaniellyons.bsky.social, and l dish on Free Speech Coalition v. Paxton, the TikTok ruling, and more.
Not a great SCOTUS term for tech + free speech.
www.youtube.com/watch?v=03q0...
Not a great SCOTUS term for tech + free speech.
www.youtube.com/watch?v=03q0...
Reposted by Daniel Lyons
Evaluating the costs and benefits of regulation is notoriously tricky. One reason is the difficulty of estimating "the cost of that which is not seen," the evocative (but cumbersome!) phrase of 19th century economist Frédéric Bastiat. (1/4)
#technology @profdaniellyons.bsky.social
#technology @profdaniellyons.bsky.social
aei.org
April 22, 2025 at 2:43 AM
Evaluating the costs and benefits of regulation is notoriously tricky. One reason is the difficulty of estimating "the cost of that which is not seen," the evocative (but cumbersome!) phrase of 19th century economist Frédéric Bastiat. (1/4)
#technology @profdaniellyons.bsky.social
#technology @profdaniellyons.bsky.social
My latest AEI post breaks down oral arguments in last week's USF nondelegation case.
My sense is Respondents made a strategic error by not asking the Court to overturn past precedent.
And the Fifth Circuit's campaign to force the Court's hand on legal Q's isn't working.
t.co/fKbDIqsdTv
My sense is Respondents made a strategic error by not asking the Court to overturn past precedent.
And the Fifth Circuit's campaign to force the Court's hand on legal Q's isn't working.
t.co/fKbDIqsdTv
https://www.aei.org/technology-and-innovation/supreme-court-seems-unlikely-to-revive-nondelegation-doctrine-in-fcc-case/
t.co
April 1, 2025 at 7:02 PM
My latest AEI post breaks down oral arguments in last week's USF nondelegation case.
My sense is Respondents made a strategic error by not asking the Court to overturn past precedent.
And the Fifth Circuit's campaign to force the Court's hand on legal Q's isn't working.
t.co/fKbDIqsdTv
My sense is Respondents made a strategic error by not asking the Court to overturn past precedent.
And the Fifth Circuit's campaign to force the Court's hand on legal Q's isn't working.
t.co/fKbDIqsdTv
My quick take on oral argument in yesterday's #scotus case on the nondelegation doctrine and the FCC's universal service fund.
TL;DR 5 justices are interested in revitalizing nondelegation, but this doesn't appear to be the right case.
fedsoc.org/commentary/f...
TL;DR 5 justices are interested in revitalizing nondelegation, but this doesn't appear to be the right case.
fedsoc.org/commentary/f...
Supreme Court Justices Seem Skeptical of Nondelegation Doctrine Claim in FCC v. Consumers’ Research
On Wednesday, March 26, the United States Supreme Court heard oral argument in Federal Communication...
fedsoc.org
March 28, 2025 at 12:19 AM
My quick take on oral argument in yesterday's #scotus case on the nondelegation doctrine and the FCC's universal service fund.
TL;DR 5 justices are interested in revitalizing nondelegation, but this doesn't appear to be the right case.
fedsoc.org/commentary/f...
TL;DR 5 justices are interested in revitalizing nondelegation, but this doesn't appear to be the right case.
fedsoc.org/commentary/f...
Reposted by Daniel Lyons
U.S. District Judge Dale Ho won’t dismiss the indictment against Eric Adams just yet.
Instead, he appoints PAUL CLEMENT as amicus to argue whether it’s proper to dismiss the indictment under Rule 48a, among other points.
This is gonna be good! storage.courtlistener.com/recap/gov.us...
Instead, he appoints PAUL CLEMENT as amicus to argue whether it’s proper to dismiss the indictment under Rule 48a, among other points.
This is gonna be good! storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
February 21, 2025 at 5:52 PM
U.S. District Judge Dale Ho won’t dismiss the indictment against Eric Adams just yet.
Instead, he appoints PAUL CLEMENT as amicus to argue whether it’s proper to dismiss the indictment under Rule 48a, among other points.
This is gonna be good! storage.courtlistener.com/recap/gov.us...
Instead, he appoints PAUL CLEMENT as amicus to argue whether it’s proper to dismiss the indictment under Rule 48a, among other points.
This is gonna be good! storage.courtlistener.com/recap/gov.us...
The outrage prompted by this innocuous joke...BlueSky sometimes seems an actively joyless place.
Welcome, teens coming here from tiktok. I think you’ll find that through the magic of the written word I am able to craft sentences that are as vivid and compelling as any short-form video!
January 19, 2025 at 1:18 PM
The outrage prompted by this innocuous joke...BlueSky sometimes seems an actively joyless place.
Unsurprisingly, #TikTok ban upheld. Data protection was always gov't's strongest rationale. The key questions were (1) whether the ban was underinclusive, since China could buy/hack data elsewhere, and (2) would Court ignore record evidence of other content-based rationales.
A: No and Yes. (1/2)
A: No and Yes. (1/2)
January 17, 2025 at 4:18 PM
Unsurprisingly, #TikTok ban upheld. Data protection was always gov't's strongest rationale. The key questions were (1) whether the ban was underinclusive, since China could buy/hack data elsewhere, and (2) would Court ignore record evidence of other content-based rationales.
A: No and Yes. (1/2)
A: No and Yes. (1/2)
Super-interesting discussion in 6th Cir #netneutrality case about how to construe Loper Bright's assurance that it won't upset previous Chevron cases. In Brand X, SCOTUS deferred to FCC's Title I classification. 6th Cir. says this doesn't mean FCC can continue changing its mind about statute.
January 2, 2025 at 5:57 PM
Super-interesting discussion in 6th Cir #netneutrality case about how to construe Loper Bright's assurance that it won't upset previous Chevron cases. In Brand X, SCOTUS deferred to FCC's Title I classification. 6th Cir. says this doesn't mean FCC can continue changing its mind about statute.
Big win for Loper Bright: Sixth Circuit strikes down #netneutrality rules and puts an end to the Title I/Title II seesaw.
The net neutrality fight was Justice Gorsuch's Exhibit A regarding how Chevron undermines, rather than promotes, legal certainty.
The net neutrality fight was Justice Gorsuch's Exhibit A regarding how Chevron undermines, rather than promotes, legal certainty.
January 2, 2025 at 5:33 PM
Big win for Loper Bright: Sixth Circuit strikes down #netneutrality rules and puts an end to the Title I/Title II seesaw.
The net neutrality fight was Justice Gorsuch's Exhibit A regarding how Chevron undermines, rather than promotes, legal certainty.
The net neutrality fight was Justice Gorsuch's Exhibit A regarding how Chevron undermines, rather than promotes, legal certainty.
Reposted by Daniel Lyons
TikTok ban Supreme Court review granted, on an incredibly tight schedule. Briefs are due Dec 27 and Jan 3, oral arguments Jan 10.
December 18, 2024 at 4:39 PM
TikTok ban Supreme Court review granted, on an incredibly tight schedule. Briefs are due Dec 27 and Jan 3, oral arguments Jan 10.
My latest post for AEI breaks down last week's #TikTok decision and examines what's next for the popular but problematic platform.
www.aei.org/technology-a...
www.aei.org/technology-a...
www.aei.org
December 12, 2024 at 7:43 PM
My latest post for AEI breaks down last week's #TikTok decision and examines what's next for the popular but problematic platform.
www.aei.org/technology-a...
www.aei.org/technology-a...
Reposted by Daniel Lyons
December Professor bingo
December 9, 2024 at 10:42 AM
December Professor bingo
Reposted by Daniel Lyons
It's unsurprising that the DC Circuit upheld the TikTok ban under 1st Amendment strict scrutiny despite how rigorous strict scrutiny is. That's because the Court applied deference. In early work, I noted how deference nullifies any level of constitutional scrutiny. papers.ssrn.com/sol3/papers....
The Darkest Domain: Deference, Judicial Review, and the Bill of Rights
Deference presents one of the greatest threats to liberalism in the modern age, undermining judicial review for fundamental constitutional rights such as freedo
papers.ssrn.com
December 7, 2024 at 3:38 AM
It's unsurprising that the DC Circuit upheld the TikTok ban under 1st Amendment strict scrutiny despite how rigorous strict scrutiny is. That's because the Court applied deference. In early work, I noted how deference nullifies any level of constitutional scrutiny. papers.ssrn.com/sol3/papers....
Noticably missing from today's #TikTok ruling, which allows a prior restraint on speech on national security grounds, is any citation to the Pentagon Papers case. H/T @christopherterry.bsky.social
December 7, 2024 at 12:22 AM
Noticably missing from today's #TikTok ruling, which allows a prior restraint on speech on national security grounds, is any citation to the Pentagon Papers case. H/T @christopherterry.bsky.social
Re TikTok, I expect it will forego en banc review and go straight to SCOTUS. But also to step up negotiations on a sale.
It's a comically short time to do a deal of this size. But if there's effort, Biden should extend 90 days. If he doesn't, Trump will. (1/2)
It's a comically short time to do a deal of this size. But if there's effort, Biden should extend 90 days. If he doesn't, Trump will. (1/2)
December 6, 2024 at 8:16 PM
Re TikTok, I expect it will forego en banc review and go straight to SCOTUS. But also to step up negotiations on a sale.
It's a comically short time to do a deal of this size. But if there's effort, Biden should extend 90 days. If he doesn't, Trump will. (1/2)
It's a comically short time to do a deal of this size. But if there's effort, Biden should extend 90 days. If he doesn't, Trump will. (1/2)
Buckle up. At least in the tech space, antitrust is going to continue to be a turbulent ride.
BREAKING: Trump Names Gail Slater For DOJ Antitrust, Says Big Tech 'Run Wild'
www.law360.com/technology/a...
BREAKING: Trump Names Gail Slater For DOJ Antitrust, Says Big Tech 'Run Wild'
www.law360.com/technology/a...
BREAKING: Trump Names Gail Slater For DOJ Antitrust, Says Big Tech 'Run Wild' - Law360
President-elect Donald Trump signaled a full steam approach to reining in major technology platforms with the announced nomination Wednesday of former Federal Trade Commission staffer and Trump admini...
www.law360.com
December 4, 2024 at 6:21 PM
Buckle up. At least in the tech space, antitrust is going to continue to be a turbulent ride.
BREAKING: Trump Names Gail Slater For DOJ Antitrust, Says Big Tech 'Run Wild'
www.law360.com/technology/a...
BREAKING: Trump Names Gail Slater For DOJ Antitrust, Says Big Tech 'Run Wild'
www.law360.com/technology/a...
Reposted by Daniel Lyons
I've said this before, but the fact that legal academia (especially at top schools) has significantly turned away from concern with doctrine—in helping judges figure out how to resolve hard cases—creates an opportunity for those lawprofs who want to have actual influence on how law develops.
December 3, 2024 at 12:10 AM
I've said this before, but the fact that legal academia (especially at top schools) has significantly turned away from concern with doctrine—in helping judges figure out how to resolve hard cases—creates an opportunity for those lawprofs who want to have actual influence on how law develops.
Reposted by Daniel Lyons
Oft reapeated, but not correct. Building lots of renewables only reduces emissions if it leads to *burning less* fossil fuels. Emissions scale w/how much we burn, not how much fossil power plant capacity is sitting on the grid. If remaining capacity is used rarely, emissions can still fall sharply.
Just a reminder that "building lots of RE" only reduces emissions if it leads to shutting down fossil energy, which of course, isn't guaranteed.
A good example of why we need more deliberate supply-side climate policies paired with a RE build out.
www.washingtonpost.com/climate-envi...
A good example of why we need more deliberate supply-side climate policies paired with a RE build out.
www.washingtonpost.com/climate-envi...
AI’s hunger for electric power is threatening U.S. climate goals
The enormous electricity needs of artificial intelligence are driving plans for scores of new fossil fuel plants with decades of expected service life.
www.washingtonpost.com
December 2, 2024 at 6:26 PM
Oft reapeated, but not correct. Building lots of renewables only reduces emissions if it leads to *burning less* fossil fuels. Emissions scale w/how much we burn, not how much fossil power plant capacity is sitting on the grid. If remaining capacity is used rarely, emissions can still fall sharply.
There is a great movie to be made about the life of Dietrich Bonhoeffer.
But the Angel Studios movie out this week ain't it. Which is really disappointing because I wanted it to be.
But the Angel Studios movie out this week ain't it. Which is really disappointing because I wanted it to be.
November 22, 2024 at 3:12 AM
There is a great movie to be made about the life of Dietrich Bonhoeffer.
But the Angel Studios movie out this week ain't it. Which is really disappointing because I wanted it to be.
But the Angel Studios movie out this week ain't it. Which is really disappointing because I wanted it to be.
Reposted by Daniel Lyons
Reposted by Daniel Lyons
To help build a community here, I've created a List of 1,000+ #BlueSky law professors/academics + 7 Starter Packs. First, here is the List. If you click on "pin to home," it creates a feed where you can follow folks skeeting about legal academia: bsky.app/profile/evid... #thread
November 21, 2024 at 4:25 PM
To help build a community here, I've created a List of 1,000+ #BlueSky law professors/academics + 7 Starter Packs. First, here is the List. If you click on "pin to home," it creates a feed where you can follow folks skeeting about legal academia: bsky.app/profile/evid... #thread
Fifth Circuit remands the NetChoice v. Paxton case to the District Court for factual development. The opinion emphasizes SCOTUS's holding that facial challenges are hard to make--but pointedly says nothing about SCOTUS's holding re platforms' 1A rights.
t.co/at7kgWL1Ch
t.co/at7kgWL1Ch
https://www.ca5.uscourts.gov/opinions/pub/21/21-51178-CV1.pdf
t.co
November 12, 2024 at 4:32 PM
Fifth Circuit remands the NetChoice v. Paxton case to the District Court for factual development. The opinion emphasizes SCOTUS's holding that facial challenges are hard to make--but pointedly says nothing about SCOTUS's holding re platforms' 1A rights.
t.co/at7kgWL1Ch
t.co/at7kgWL1Ch