Eriq Gardner, Puck's legal expert, explores the ramifications of a potential second Trump presidency. He discusses Trump's plans to challenge the regulatory state, highlighting possible changes at the FTC and FCC that could impact Wall Street and Hollywood. The conversation dives into Trump's approach to antitrust laws and the future of media regulation. Gardner also touches on Trump's ongoing legal battles and how they might play out in light of a presidential win, all while weaving in the intersection of pop culture and politics.
A potential second Trump administration could significantly reduce the FTC's authority, impacting merger oversight and pro-business consolidation opportunities.
The FCC may adopt a more aggressive regulatory stance, scrutinizing media companies and enforcing stricter ownership rules amid Trump's historical threats.
Deep dives
Shifting Regulatory Landscape
The potential regulatory shifts under a second Trump administration suggest a significant reduction in the Federal Trade Commission's (FTC) authority, particularly concerning merger oversight. Trump's administration may prioritize streamlining regulatory processes, possibly eliminating the FTC's role in merger reviews altogether. Notable figures like David Zaslav have hinted that a Trump presidency could facilitate consolidation opportunities in the industry, indicating a pro-business approach. Additionally, the future of current FTC commissioner Lena Kahn remains uncertain, as the administration may not favor aggressive antitrust enforcement in the same manner as previous administrations.
Big Tech and Section 230
The discussion around big tech regulation highlights a complex relationship between Republicans and tech companies, especially regarding Section 230, which provides legal protections for online platforms. While there has been robust political rhetoric surrounding the need to reevaluate Section 230, concrete legislative efforts have mostly been absent in recent years. Some Republican leaders, despite their criticisms of big tech and discussions about TikTok bans, have shown a softer stance after Elon Musk's acquisition of Twitter, which may influence their approach. The fluidity of the situation suggests that strategies against big tech may not be as systematically pursued as previously expected.
The Role of the FCC and Media Regulation
The Federal Communications Commission (FCC) could see an empowered role under Trump, especially in reviewing media licenses and ownership rules. Recent comments suggest a shift towards a more activist approach, distancing from the previous administration's light regulatory touch. The FCC's new direction may involve scrutinizing major media companies and enforcing stricter rules against platforms that align with the agenda of the current administration. This shift, combined with Trump's historical inclination to threaten media licenses, paints a picture of a more aggressive regulatory environment for media entities during a potential second term.
Puck's legal expert, Eriq Gardner, joins Peter for an in-depth look at how the returning president would go to war with the regulatory state, installing allies to reshape—or dismantle—key agencies like the F.T.C. and F.C.C., with sweeping implications for Wall Street, Hollywood, and beyond.