Cato Podcast Doing It the Hard Way
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Sep 25, 2025 Jennifer Huddleston, a senior fellow in technology policy, and Brent Skorup, a legal fellow specializing in communications law, dive into pressing issues surrounding government regulation. They unpack FCC Chair Brendan Carr's controversial ultimatum to broadcasters and how it poses potential First Amendment concerns. The discussion spans the evolving landscape of TikTok, AI policy, and calls for deregulating broadcast rules, while also exploring the implications of government pressure on corporate transactions and whether the FCC should be reformed or abolished.
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Broadcasters’ Second-Class Speech Rights
- Broadcasters have weaker First Amendment protections because courts treated spectrum access as a government privilege tied to content duties.
- Brent Skorup and Gene Healy argue the scarcity rationale that justified this is outdated in the digital era.
Scarcity Doctrine Looks Outdated
- The scarcity doctrine made sense when spectrum was scarce but not with today's internet platforms and user-generated content.
- Jennifer Huddleston urges deregulating broadcast rules rather than treating internet platforms like broadcasters.
Jawboning Is Potent Because Firms Fear Regulators
- Government jawboning is a form of coercion that agencies can wield without formal rulemaking, and regulated firms rarely sue their regulator.
- That asymmetry makes jawboning an effective, underlitigated tool for influencing speech and corporate behavior.