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profdaniellyons.bsky.social
Professor & Associate Dean, Boston College Law School; Nonresident Senior Fellow, American Enterprise Institute. Telecom/Internet Law, Admin Law, Energy.
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U.S. District Judge Dale Ho won’t dismiss the indictment against Eric Adams just yet. Instead, he appoints PAUL CLEMENT as amicus to argue whether it’s proper to dismiss the indictment under Rule 48a, among other points. This is gonna be good! storage.courtlistener.com/recap/gov.us...

submitted 2 days ago • 9 comments

The outrage prompted by this innocuous joke...BlueSky sometimes seems an actively joyless place.

submitted 35 days ago • 1 comment

Unsurprisingly, #TikTok ban upheld. Data protection was always gov't's strongest rationale. The key questions were (1) whether the ban was underinclusive, since China could buy/hack data elsewhere, and (2) would Court ignore record evidence of other content-based rationales. A: No and Yes. (1/2)

submitted 37 days ago • 1 comment

Super-interesting discussion in 6th Cir #netneutrality case about how to construe Loper Bright's assurance that it won't upset previous Chevron cases. In Brand X, SCOTUS deferred to FCC's Title I classification. 6th Cir. says this doesn't mean FCC can continue changing its mind about statute.

submitted 52 days ago • 0 comments

Big win for Loper Bright: Sixth Circuit strikes down #netneutrality rules and puts an end to the Title I/Title II seesaw. The net neutrality fight was Justice Gorsuch's Exhibit A regarding how Chevron undermines, rather than promotes, legal certainty.

submitted 52 days ago • 0 comments

TikTok ban Supreme Court review granted, on an incredibly tight schedule. Briefs are due Dec 27 and Jan 3, oral arguments Jan 10.

submitted 67 days ago • 2 comments

My latest post for AEI breaks down last week's #TikTok decision and examines what's next for the popular but problematic platform. www.aei.org/technology-a...

submitted 73 days ago • 0 comments

December Professor bingo

submitted 76 days ago • 4 comments

It's unsurprising that the DC Circuit upheld the TikTok ban under 1st Amendment strict scrutiny despite how rigorous strict scrutiny is. That's because the Court applied deference. In early work, I noted how deference nullifies any level of constitutional scrutiny. papers.ssrn.com/sol3/papers....

submitted 79 days ago • 2 comments

Noticably missing from today's #TikTok ruling, which allows a prior restraint on speech on national security grounds, is any citation to the Pentagon Papers case. H/T @christopherterry.bsky.social

submitted 79 days ago • 0 comments

Re TikTok, I expect it will forego en banc review and go straight to SCOTUS. But also to step up negotiations on a sale. It's a comically short time to do a deal of this size. But if there's effort, Biden should extend 90 days. If he doesn't, Trump will. (1/2)

submitted 79 days ago • 1 comment

DC Circuit upholds the TikTok ban: media.cadc.uscourts.gov/opinions/doc...

submitted 79 days ago • 0 comments

Buckle up. At least in the tech space, antitrust is going to continue to be a turbulent ride. BREAKING: Trump Names Gail Slater For DOJ Antitrust, Says Big Tech 'Run Wild' www.law360.com/technology/a...

submitted 81 days ago • 0 comments

I've said this before, but the fact that legal academia (especially at top schools) has significantly turned away from concern with doctrine—in helping judges figure out how to resolve hard cases—creates an opportunity for those lawprofs who want to have actual influence on how law develops.

submitted 83 days ago • 21 comments

Oft reapeated, but not correct. Building lots of renewables only reduces emissions if it leads to *burning less* fossil fuels. Emissions scale w/how much we burn, not how much fossil power plant capacity is sitting on the grid. If remaining capacity is used rarely, emissions can still fall sharply.

submitted 83 days ago • 8 comments

There is a great movie to be made about the life of Dietrich Bonhoeffer. But the Angel Studios movie out this week ain't it. Which is really disappointing because I wanted it to be.

submitted 94 days ago • 0 comments

submitted 94 days ago • 0 comments

To help build a community here, I've created a List of 1,000+ #BlueSky law professors/academics + 7 Starter Packs. First, here is the List. If you click on "pin to home," it creates a feed where you can follow folks skeeting about legal academia: bsky.app/profile/evid... #thread

submitted 94 days ago • 9 comments

Fifth Circuit remands the NetChoice v. Paxton case to the District Court for factual development. The opinion emphasizes SCOTUS's holding that facial challenges are hard to make--but pointedly says nothing about SCOTUS's holding re platforms' 1A rights. t.co/at7kgWL1Ch

submitted 103 days ago • 1 comment

My latest post for AEI: Generative AI's Napster Moment www.aei.org/technology-a...

submitted 332 days ago • 0 comments