Jim Speta
@jspeta.bsky.social
670 followers 400 following 180 posts
Law Prof, Northwestern. Co-Prez Law Schools Global League. Internet Policy, Ad Law, Torts, Antitrust, etc. Lawyer, past and present. Int'l Programs, former Vice Dean, Interim Dean, etc.
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jspeta.bsky.social
The possibility of permission for commercial activity probably isn't broad enough for observation and reporting. But even if it is, it's government licensing the press and frustrating the anonymity protected by the first amendment.
jspeta.bsky.social
But how do we *know,* without a concurring opinion from Justice Kavanaugh?
peark.es
Here's the order, nothing more (i.e. the status quo prevails and she remains on the Board of Governors). The fact they're not letting him remove her in the interim is a huge tell, because in all the other independent agency cases they permitted removal.
www.supremecourt.gov/orders/court...
(ORDER LIST: 606 U.S.)
WEDNESDAY, OCTOBER 1, 2025
ORDER IN PENDING CASE
25A312 TRUMP, PRESIDENT OF U.S., ET AL. V. COOK, LISA D.
The application for stay presented to The Chief Justice and
by him referred to the Court is deferred pending oral argument in
January 2026. The Clerk is directed to establish a briefing
schedule for amici curiae and any supplemental briefs responding
to amici.
jspeta.bsky.social
Crowd was on it today!!
jspeta.bsky.social
It will be noted in fn 12 as an important issue raised in the amicus briefs but not strictly before the Court -- and lower courts will get slammed for not treating it as a holding.
amtappeals.bsky.social
So SCOTUS is going to let the President fire members of independent agencies. How long before they rule that requirements that the President appoint bipartisan members violates Article II?
jspeta.bsky.social
Does Matt Damon even know he's in a Stella commercial? (Which I'm sure is the bit, so kudos. And yet?). youtu.be/GAoeGC-eL4I?...
Stella Artois | David & Dave: The Other David
YouTube video by Stella Artois
youtu.be
jspeta.bsky.social
Have you read this article? Read it? I haven't even cited it yet!
leyawn.bsky.social
CHOTINER: This game you like to play, what's it called?

ME: Slay the Spire.

CHOTINER: And you play it on the computer?

ME: Yeah. Well, I also have it on my phone. I played another 300 hours.

CHOTINER: And these other games in your Steam library. Have you finished them?

ME: Now hold on a second,
jspeta.bsky.social
I also connect this to the administration's effort to remove for-cause removal protections for commissioners at independent agencies, long held constitutional (now likely to be overruled by the Supreme Court; argument in December). Those protections gave the FCC at least some ability to resist. 3/3
jspeta.bsky.social
To be sure, such actions would violate the first amendment, even the lesser version currently granted to broadcasters, but the first issue is FCC statutory authority--even the public doesn't perceive broadcast channels to be different from other video or know there are different regulations. 2/3
jspeta.bsky.social
Because L'affaire Kimmel continues, with new threats against ABC and other actions possible, I've recapped the FCC's Communications Act authority over broadcast licenses--which does not include denials, revocations, or refusal to transfer based on broadcaster viewpoints. 1/3 ssrn.com/abstract=552...
Recapping the FCC's Lack of Authority To Punish Broadcasters for their Viewpoints
Does the federal government have the power to punish broadcasters, by exercising its power over their licenses to use the airwaves, for speech the government do
ssrn.com
jspeta.bsky.social
Amazing. I didn't know that, but unsurprising -- especially given his withering disdain for Websters' Third New International Dictionary in MCI v. ATT. scholar.google.com/scholar_case...
scholar.google.com
jspeta.bsky.social
Perhaps a rereading of Fowler's would be a good escape from these times. Of course, the second edition, not the third or fourth, a matter this piece inexplicably fails to mention. www.newyorker.com/magazine/202...
The Autocrat of English Usage
Henry W. Fowler believed he knew how sentences should read—and his judgments have shaped The New Yorker’s style for a century.
www.newyorker.com
jspeta.bsky.social
Legalistically, the definition of arbitrary and capricious. Politically and economically bankrupt.
justinwolfers.bsky.social
Critical part of the President's new $100,000 charge for H1-B visas: The Administration can also offer a $100,000 discount to any person, company, or industry that it wants. Replacing rules with arbitrary discretion.

Want visas? You know who to call and who to flatter.
Reposted by Jim Speta
fedsocpitchbot.bsky.social
Late-Night Talk-Show Hosts as "Officers of the United States"
jspeta.bsky.social
As a practical matter, yes, because lawyers are making MQD arguments before (and separate from) their arguments about "best interpretation." Courts do the same. As an analytical matter, that's still to be seen -- depending on what it means.
Reposted by Jim Speta
govpritzker.illinois.gov
The President of the United States is threatening to go to war with an American city.

This is not a joke. This is not normal.

Donald Trump isn't a strongman, he's a scared man. Illinois won’t be intimidated by a wannabe dictator.
jspeta.bsky.social
Florida: Hold my beer.
cpsc.gov
It's Baby Safety Month, but please continue practicing baby safety well into next month and in fact for the rest of your life.