The Libertarian

Can social media companies be held legally responsible for the harms caused by their users? Richard Epstein examines the surge of lawsuits targeting social media platforms, particularly claims tied to speech, adolescent harm, and platform design. Epstein explains why traditional tort law places responsibility on the individual wrongdoer rather than intermediaries, how Section 230 is meant to shield platforms from derivative liability, and why efforts to carve out “bad faith” or promotion-based exceptions risk collapsing those protections altogether. He also explores the high costs and perverse incentives of jury-driven liability, the limits of causation in complex social harms, and a deeper concern often overlooked: government pressure on platforms that threatens free speech more than platform misconduct itself.

President Trump’s recent embrace of economic proposals run sharply against free-market orthodoxy, exploring three headline-grabbing ideas: capping credit-card interest rates, banning institutional investors from buying single-family homes, and restricting dividends and stock buybacks by defense contractors. Why is a Republican president is advancing policies more commonly associated with progressive populism? Drawing on economic history, constitutional law, and real-world market behavior, Epstein argues that price controls, capital restrictions, and politicized contracting consistently backfire, harming consumers, workers, and innovation alike. The conversation situates Trump’s proposals within a broader populist strategy, assesses the political incentives behind them, and warns that ignoring basic economic lessons risks repeating some of the most durable policy failures of the past.

Richard Epstein, a renowned legal scholar specializing in constitutional law, delves into the complex dynamics of war powers in the U.S. He discusses the original constitutional division between Congress and the president, and how modern practices have tilted authority towards the presidency. Epstein highlights the reluctance of Congress to make decisive war declarations, the evolution of authorizations, and the implications of emergency actions. He provocatively suggests the existence of two constitutions—one written, and one lived—shaping America’s approach to war today.

Richard Epstein does a deep into the Supreme Court’s latest showdown: Trump v. Slaughter, a case that could redefine presidential removal power and the future of independent agencies like the FTC. Epstein walks through the constitutional history — from the Founding to Humphrey’s Executor to modern administrative courts — and explains how the Court’s interpretation of Article II has evolved, splintered, and in some cases contradicted itself. The conversation covers everything from the steel-seizure precedent to the Federal Reserve, the structure of the administrative state, and the unresolved tension between originalism and the practical realities of modern governance. Epstein explains why this case could be one of the most consequential constitutional questions of our time.

Richard Epstein examines the constitutional, statutory, and international-law implications of the Trump administration’s recent strikes on vessels in the Caribbean alleged to be transporting “narco-terrorists.” Epstein outlines the traditional separation of war powers, emphasizing the limits on unilateral executive action and the enduring constraints imposed by international norms governing the use of force, self-defense, and the treatment of noncombatants. Their discussion highlights key precedents in maritime and public international law, the challenges of applying long-standing legal doctrines to modern security threats, and the potential domestic and geopolitical consequences of executive overreach.

Gerrymandering is back in the headlines — and this time, the political map wars in Texas and California are colliding with the courts, the Constitution, and the future of American democracy. Richard Epstein explains the history of gerrymandering, how modern technology turbocharges it, and why recent Supreme Court rulings have made the problem even harder to fix. From Texas judges tossing out new maps, to California’s counter-move, to the racial redistricting battles now reaching the Supreme Court — this conversation dives into the legal chaos, the political incentives, and the structural weaknesses that keep the cycle going.

Richard Epstein, a noted legal scholar and expert on constitutional law, explores the pressing question of whether the president can impose tariffs under emergency powers. He breaks down the nuances of Article I, highlighting the legislative limits on such delegation. Epstein contrasts historical definitions of 'emergency' with routine tariffs and cautions against using tariffs as political tools. He also warns that expanding the unitary executive theory could dangerously broaden presidential authority. The discussion sheds light on the potential impact on trade and separation of powers.

Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas. Richard argues it’s not peace but a pause—born of Israel’s decisive military campaign and Hamas’s collapse. He explains how Netanyahu, Trump, and shifting Middle East alliances created a fragile new order, and why Gaza’s future now depends on demilitarization, reconstruction, and realism.

Richard Epstein dives into the controversy surrounding Jimmy Kimmel, the FCC, and free speech. Using the recent dust-up as a starting point, Epstein traces the history of the Federal Communications Commission from its origins in the 1930s through landmark cases like Red Lion. He explains how government licensing of the broadcast spectrum opened the door to censorship, distortion, and inefficiency—and why libertarians like Ronald Coase pushed for a market-based approach instead. Professor Epstein also contrasts Hayek’s vision of free entry with Felix Frankfurter’s regulatory mindset, explores the limits of “public interest” obligations, and shows how today’s fragmented media landscape makes FCC power increasingly obsolete.

Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.