Deep Dive Episode 162 – Is Common Carrier the Solution to Social-Media Censorship?
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
Recently, Big Tech companies have come under fire from all sides for their content moderation decisions. Some argue Big Tech companies are not doing enough to stem the spread of harmful content and misinformation. Others contend Big Tech companies' selective approaches to moderation belies partisan preferences — silencing only certain voices and threatening to undermine democratic values. The recent actions by Big Tech companies regarding President Trump have brought these concerns to a head.
Many different solutions have been proposed during the uproar surrounding the debate. Among these options, some have posited that historical regulation of common carriers can provide a road map for appropriate and effective big tech regulation. Do the market positions of modern giants like Twitter and Facebook generate common-carrier obligations? Should they? Experts discuss these issues, exploring the relevant legal contours and the desirability of the proposed common carrier solution to curb Big Tech power, as well as other issues surrounding the debate.
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Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Partner, Kirkland & Ellis LLP
Elyse Dorsey is a partner in the Washington, D.C., office of Kirkland & Ellis LLP. Elyse's practice encompasses a wide array of antitrust and competition matters across the globe. She is uniquely situated to advise clients in domestic and international competition matters, given her combination of government and private practice experience.
Elyse has a focus in cutting edge competition issues, as well as privacy, data security, and consumer protection matters. She has represented clients across levels of government, from state agencies to the U.S. Supreme Court. Prior to joining Kirkland, Elyse served as Counsel to the Assistant Attorney General at the U.S. Department of Justice's Antitrust Division. Her work at the Antitrust Division covered a spectrum of legal and policy matters, including IP and technology issues, the Division's appellate and amicus brief programs, and its international and competition policy efforts. Elyse joined the Division from the U.S. Federal Trade Commission, where she served as Attorney Advisor to Commission Noah Joshua Phillips. While at the Commission, she advised on key cases, matters, and policies affecting industries across the economy--from digital and tech to pharmaceuticals and hospitals and more.
Elyse is a recognized thought leader in the antitrust and competition communities. She has been a frequent nominee and recipient of antitrust writing awards for her scholarship in this space. She has also served as an adjunct professor at George Mason University's Scalia Law School for several years, helping to launch their Antitrust LL.M. program; and she previously served as a visiting scholar at the University of Virginia.