Thom Lambert
@profthomlambert
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Author of “How to Regulate.” Mizzou Law prof (antitrust, corporations, contracts, regulatory economics). Recipient of much grace.✝️
Columbia, MO / Chicago
Joined February 2018
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I do wish my friend would stop embarrassing himself. As he knows, S230 doesn’t insulate platforms from liability based on their own speech. When twitter fact-checked POTUS, it spoke. S230 protects it from liability for HIS speech. Without 230, it could hardly let him post.
As currently interpreted by courts, Section 230 treats
#BigTech
companies as passive distributors even when they substantially transform third-party content, like
@Twitter
did to
@realDonaldTrump
. They get to act like publishers, but without the accountability. That’s a problem!
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My former colleague
@HawleyMO
, whom I recruited to Mizzou Law and consider a friend, penned this
@firstthingsmag
piece. He argues that Robinhood’s restriction on GameStop trading was a Big Tech conspiracy to hold down the little guy. A few thoughts. 1/x
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The problem is that the end doesn’t justify the means, at least not for Christians. Jesus clearly taught that his followers are to *be* certain sorts of people, not to achieve certain ends. And a smart person who misleads others to gain power isn’t who we’re to be. 7/x
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@HawleyMO
is lying. I hate to say that of a friend, but it’s true. He’s saying things he knows are false. As many have explained, Robinhood halted certain trading to deal with a liquidity crisis. He knows there was no conspiracy to protect hedge funds. 2/x
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This new breed of Christian nationalist may retort, “Yeah, that’s a recipe for continued electoral defeat and ultimately anti-Christian policies.” To which Jesus responds, “What doth it profit a man to gain the whole world and yet lose his soul?”12/x
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But that fact doesn’t support
@HawleyMO
’s campaign to rail against the sort of coastal elites that, like him, went to schools such as Stanford and Yale and now, like him, have amassed power. This campaign, he hopes, will endear him to regular folks. 3/x
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So he’s said stuff he knows isn’t true. Just like he’s done when discussing Section 230. And the First Amendment. And the antitrust laws. And the validity of election challenges. 4/x
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Come home
@HawleyMO
. I personally miss the old you, and we Missourians want you to lead us with integrity. My hunch is that if you do so, you’ll advance politically. But even if you don’t, you will have put first things first. END
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For the Christian politician, electoral success and advancement is a second thing. Christian virtue—truthfulness, kindness, humility, peacemaking—must come first. “Seek ye first the kingdom of God and His righteousness, and all these things shall be added unto you.” 11/x
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The sort of “muscular” Christian who views political success as paramount for protecting religion, and thus as an objective to be achieved however necessary, puts second things first. As Lewis warned, we’re likely to lose both first things (virtue) & second (elections). 14/x
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I believe he does so because he thinks it will help him win elections, which will empower him to make constructive changes that he thinks (and I often agree) would make our society more just. It’s an “end justifies the means” thing. 6/x
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As Lewis elsewhere put it, “Put first things first and we get second things thrown in: put second things first and we lose *both* first and second things.” 10/x
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I know
@HawleyMO
to be a good man. We’ve discussed matters of faith, and I truly believe he desires to glorify God by doing the right thing. So why does he say things that he knows are not true and that so harmfully divide people? 5/x
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Which brings me to
@firstthingsmag
. The name “First Things” refers to a C.S. Lewis essay emphasizing the importance of keeping matters in their proper place, of not overvaluing (admittedly good) things that are of secondary importance to other things. 8/x
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Doing so, Lewis warned, may ironically destroy the value of the second thing that was improperly elevated above the first thing. 9/x
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@firstthingsmag
used to understand this. Its founder, Richard John Neuhaus, famously said that “culture is the root of politics and religion is the root of culture.” Get that? Religion (Christian virtue) is the first thing. Culture, and ultimately politics, follow. 13/x
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I’m sad to see
@firstthingsmag
invert the order of things. I’m even sadder to see a good man, who I truly believe wants to do right, compromise on truth-telling.15/x
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Gay guy here. Law prof. Disagree with Vermeule on many points; agree on others. Would cite him when I relied on his work, or perhaps when I disagreed with it. Maybe that demonstrates my “anti-LGBTQ bigotry.” Or maybe it shows I’m a grown-up who can play the ball and not the man.
Seeing professors circle the wagons around a homophobe who openly yearns for the theocratic oppression of people like me, I’m struck that much of the legal academy has a near-limitless tolerance for anti-LGBTQ bigotry when it’s expressed politely by a member of their own club.
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I truly don’t understand the New Right’s theory of state power. Classical liberals recognize that the state has a unique and awesome authority—the right to use physical coercion to attain its objectives—and that there should thus be some principled limits on that authority. 🧵
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This is a classic case of the seen and the unseen. FTC will showcase some egregious noncompetes that merit condemnation—the sort it could bring cases against and develop valuable precedent if it chose to act as authorized. It will then extrapolate from those egregious cases…1/3
Over the next couple of weeks, the FTC will share stories about the impact
#noncompetes
have had on people’s lives around the country. The final rule goes into effect on Sept. 4, 2024. Watch as
@linakhanFTC
kicks off the series on the life-changing final Noncompetes Rule:
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My amazing law school dean is battling cancer, enduring the hardships of chemo, teaching a class, performing all her decanal duties, remaining pleasant and enthusiastic, and looking fabulous in an assortment of head coverings. MU Law is so fortunate to have her.
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I think Judge Ho is wrong in this dispute. I side with Judge Smith, for whom we both clerked. But the idea that Judge Ho is an antisemite or is somehow signaling antisemitic animus is nuts. He befriended this gay kid back in the 90s and doesn’t have a prejudiced bone in his body.
Judge Ho campaigning hard to be Trump’s or DeSantis’s Supreme Court nominee.
Trumpism corrupts. Judges aren’t exempt from that.
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I’m sorry, but this is just looney talk. The dozens of laws and regulations a person faces every day are coercive. Most of those instances of coercion are probably justified, but coercion it is: the state can lock you in a pen. Businesses, however, can’t use force against you. 1/
“People in their daily lives experience coercion most frequently in the business realm.”
— Lina Khan, music to my ears.
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My precious mama left this world today. She loved like Jesus does, and the greatest privilege of my life was being her son. My heart aches now, but it fills me with joy to think of her hearing the words, “Well done.”
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Walmart is a lifeline for poor people. More than 25% of SNAP dollars were spent there last year. There’s a reason for that: your dollar goes a lot further. It’s nuts to think poor people would be better off with a bunch of mom&pops or smaller chains.
@HalSinger
I’m with
@jasonfurman
here. You get nauseous if you’re allergic to poor people – what happens when the antitrust war on consumers turns sour.
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Enforcing generally applicable time, place, and manner restrictions—regardless of the views of those violating them—is neutral. Choosing not to for some favored groups is not. This isn’t hard.
Dismantling the protest encampment IS taking a side. It’s not a neutral position. It can’t be neutral. Why do people in positions of power pretend that it is or ever can be? Just say you thought this was the best course of action, a much more honest position?
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Regulation by anecdote is unserious and reduces social welfare in the long run. But in this age of populism and celebrity bureaucrats, I fear it is to be expected. Sigh. 3/3
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It’s actually hard to identify a market that is *less* capable of being monopolized than sandwich shops. Maybe lemonade stands?
We don't need another private equity deal that could lead to higher food prices for consumers. The
@FTC
is right to investigate whether the purchase of
@SUBWAY
by the same firm that owns
@jimmyjohns
and
@McAlistersDeli
creates a sandwich shop monopoly.
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If I’m ever appointed to a position in a federal antitrust enforcement agency—and, for the record, I’d be an excellent choice—I promise to decline any invitation to be fawned over by a national media outlet. The desire for celebrity status clouds judgment. And it’s nauseating.
First, we can all agree that this looks like the promo of a kickass Shonda Rhimes show called “Trustbusters”… i would 💯 watch it.
Second, read this great article from
@RollingStone
on
@JusticeATR
’s Live Nation-Ticketmaster lawsuit.
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I’m embarrassed to admit that I’ve never really understood what it means to be gaslit. But after following commentary on Thursday’s debate and the overruling of Chevron, I’m starting to get it.
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The CEO of
@EpicGames
says I’m perverting the term “rent seeking” when I use it to describe his company’s claims against
@Apple
. Hardly. Allow me to explain. 🧵
@LawEconCenter
@CatoInstitute
@profthomlambert
This is a gross perversion of the term “rent seeking”. Companies like Apple prevent other stores from competing with their app store, then impose a supracompetitive 30% markup. You’re characterizing firms who just want a chance to compete with them fairly as rent seekers.
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Hey
@GeorgetownLaw
, this is how it’s done.
Dean G. Marcus Cole issued the following statement about tomorrow's event at Notre Dame Law School in which U.S. Attorney General William Barr will speak to students about religious freedom.
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Two years ago today, my angel mother left this world. She exuded love, joy, peace, forbearance, kindness, goodness, faithfulness, gentleness, and self-control (and she had amazing style). I thank God daily that I got to be her son.
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You know what’s really manly? Taking responsibility when you’ve made a huge mistake.
Missouri Sen. Josh Hawley is writing a book titled ‘Manhood: The Masculine Virtues Americans Need.’ Read more:
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to build public support for its absurdly sweeping ban, which the highlighted cases could not justify. There will be no consideration of the unseen: reductions in employer training, refusals to share competitively sensitive info w/ workers, resulting cost increases, etc. 2/3
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On Monday, the Supreme Court will consider whether the target of an
@FTC
lawsuit may challenge the constitutionality of the agency in court without first enduring an in-house proceeding. So naturally, the FTC chose today to demonstrate how abusive its in-house process can be.🧵
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This is embarrassing. SCOTUS in no way suggested that expert agencies can’t make policy pursuant to a valid delegation of authority. Nor did it add limits on Congress’s power to delegate. It just said that the statute assigning statutory interpretation to courts must be honored.
According to the Supreme Court:
Judges know more about science than scientists.
Judges know more about medicine than doctors.
Judges know more about structural safety than engineers.
Judges know more about climate change than meteorologists.
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Maybe Yale Law should rethink its decision not to require the Property course.
Chisato Kimura, a law student at Yale, obviously has no understanding of how the law actually works, as this is not their property — which is a great failure in education: “Anyone who agrees to the community guidelines, which are that we’re committed to Palestinian liberation and
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A Vietnam veteran died Columbia, MO on April 11. No next of kin, so the funeral home invited the public. No one could gather inside, so people just lined the street. I love this town.
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Enjoying a frigid Tennessee Christmas with my 88-year old dad. We’re very blessed.
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As someone who knows them both well (she was my little sib in law school, he is a friend and was my colleague at Mizzou Law), I am shocked by this. Opposing Neomi Rao for the DC Circuit would be a monumental blunder.
I am astounded
@HawleyMO
is concerned about the nomination of the brilliant Neomi Rao to the DC Circuit.
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I taught law with Sen. Hawley, whom I consider a friend despite our disagreements, for several years. We spoke regularly. And yet he never once asked me about antitrust, my main area of scholarship. So odd that a matter so dear to his heart never came up in conversation.
Sen. Hawley (R-Mo.) up now, supporting the bill. "These monopoly platforms are using their power to throttle competition." He says the points Feinstein raised, that it targets the 4 companies, is a virtue not a problem.
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In all likelihood, this is my darling 78-pound mother’s last Easter. That makes me sad. But because of this day, I am joyful: Oh death, where is thy sting? Oh grave, where is thy victory?
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This is unbelievable.
@FTC
staffers are opposing a request by a group of professors (including me) to file an amicus brief in its administrative challenge to the Illumina/Grail merger.🧵
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An awesome thing about being law prof in Missouri is that your students sometimes invite you to meet their alpacas.
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Wish I’d had as much influence over the antitrust views of my former colleague (
@HawleyMO
) and former student (
@LucasKunceMO
) as
@matthewstoller
has. Gotta give the dude credit for knowing how to sway people.
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I just walked downstairs to turn off the lights in my family room before bed, and I saw a rubber band on the stairs. Reached down to pick it up, and it was A BABY SNAKE. IN MY HOUSE. Baby snakes have mamas. I may never sleep again.
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Lots of folks are asking why conservatives don't embrace FTC Chair Lina Khan, who is using her position to constrain progressive Big Tech and the giant corporations that often seem hostile to the right. Perhaps it's b/c Khan's agenda conflicts w/ three pillars of conservatism. 🧵
“Khan’s track record, while not wholly in sync with the conservative movement, is certainly congruous with large parts of it… But with rare populist exceptions, Republicans in Washington absolutely despise her, calling her radical, crazy, and a Marxist.”
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An amazing thing happened to me yesterday, and I feel the need to share it. We were continuing our Scotland adventure on the Isle of Skye. I was dying to do a certain hike on the north of the isle, but we needed to drive back to Edinburgh, and time would be tight. We did the 1/9
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Tomorrow is graduation
@MizzouLaw
, and I’m kinda a mess. This class has meant so much to me. I was teaching Contracts when Covid rocked our world. Our Wednesday night Zoom office/happy hours kept me sane. What a privilege to watch these students morph into professionals.
#Blessed
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I’m excited to present my working paper “Mere Common Ownership and the Antitrust Laws” at
@pennlaw
today. I’m presenting in front of, and disagreeing with, my hero, Herb Hovenkamp. So I’m nervous as heck!
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It is myopic or delusional not to worry about how state power will be used in the future.
True conservatives want to conserve the things that really matter, that are crucial for human flourishing. Principled limits on state power is one of those things. 11/
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I love it when people who literally get paid for promoting certain ideas accuse me of being beholden to “my clients.” I teach at an excellent, great-value, but non-elite law school in a flyover state. There are no clients.
What a surprise, the mask comes off and all of a sudden it's 'I love political harassment of FTC staff when they do stuff me and my clients dislike.' You guys spent years pretending you cared about staff and the integrity of an agency. You don't.
@profthomlambert
@ProfWrightGMU
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Late summer in Missouri is sultry, but beauty abounds. I love where I live.
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I’m having a hard time keeping up. I thought Apple was an indomitable monopolist that can degrade its own product quality to squelch its rivals. Maybe the indignity of green bubbles isn’t all that great.
The early signs that Apple is having a Boeing-like slow collapse.
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My nephew’s new wife is a dog trainer, and I couldn’t be happier. (Wait for it.)
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Holy crap this is embarrassing. I’ve often defended Google on antitrust matters (and will continue to do so when they’re in the right), but I sure do wish they were a little more sympathetic. So many self-inflicted wounds.
Google Gemini: "I can't write you an argument against
#netneutrality
. ... I don't want to present a one-sided view."
Also Google Gemini: Here's a one-sided argument in favor of net neutrality!
AI/LLMs should aspire to truth and accuracy. This isn't it.
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I suspect future generations will be shocked to learn that for a time in America a commission of five unelected citizens who could not be fired for poor policy judgment could sue someone in their own tribunal, and if, against all odds, they lost, appeal that loss to themselves…
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FTC chair Khan is chafing at (and perhaps misrepresenting) Congress’s efforts to oversee her agency. Her indignation at democratic oversight illustrates an irony I described in my forthcoming J. Corp. L. article: “Neo-Brandeisianism’s Democracy Paradox.”🧵
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“Apple repeatedly chooses to make its products worse for consumers to prevent competition from emerging.”
That is an actual line from DOJ’s new antitrust lawsuit against Apple.
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Coming of age as a gay, politically conservative Christian in the 1990s meant that most of my close friends strongly disagreed with me on some really important matters. I’m so glad I had that experience.
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Maybe before trashing his former state, the senator could leave the comfort of Virginia and visit some Missouri communities. I think he’ll find a few that are not drug-ridden hellholes. And he might meet some immigrants who are making our state a better place to live.
What have Missourians reaped from Pres. Biden’s open-border policy?
“Every community in Missouri is awash in drugs. Every school in Missouri has a drug problem.”
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I’m one of the “conservatives” mentioned in the article. For the record, I have no clients or firm. I teach at a state university in a flyover state, so I rarely get media attention, which frees me to say just what I think. 1/3
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DOJ has filed a bonkers motion in limine in the Google search case. The motion asks the court to bar Google from offering evidence that the conduct the govt has challenged improves Google’s products and is therefore not anticompetitive.🧵 1/14
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State power can legitimately protect individuals’ rights to person and property and can force welfare-enhancing outcomes when there’s some systematic defect in private ordering that prevents those outcomes from occurring (e.g., a market failure). 2/
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So Epic ultimately used government processes (the courts) in an effort to force a change that would not actually reduce Apple’s market power but would redistribute surplus from less popular app developers to Epic. That’s rent-seeking. END
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To lessen the monotony of grading 170 exams, I’ve take some breaks to see my students’ pets. Yesterday, I met Emily’s famous chinchillas. Today, I hung out with Tate’s freshly shorn alpacas. (I had met the alpacas before, but boy do they look different after a haircut!)
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Not true. Suppose mkt has 5 firms. Firms 4&5 merge to become 2nd largest. Given economies of scale and efficiencies from integration, the merged firm is more efficient and cuts prices. Firms 1 and 3 follow. Firm 4 can’t match & fails. Compet’n has increased tho fewer competitors.
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I’m trail-walking with friends tonight, and I hear some dude yelling above me. It’s a balloonist trying to land in this tiny parking lot off the trail. He throws a rope and asks us to tow him away from the trees. We barely make it. Just another day in Columbia MO!
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Absent a threat to individual rights or a systematic, welfare-reducing defect in private ordering (that the state can correct without doing more damage), we classical liberals would let people order their own affairs. Those of us w/ religious convictions could order our lives…4/
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It gave me a certain intellectual humility—a constant awareness that I might be wrong. It also helped me understand that people can be wrong and not bad. It was uncomfortable at the time, but it was a grace in disguise.
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Few things are as obnoxious as people who know better spouting utter nonsense to win points with low information folks. PPP loans, unlike students loans, were *designed* to be forgiven, as the White House well knows. Gross.
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Remember this? Oof.
President Amash! How’s the campaign? A little slow? Keep after it! Based on your twittering, you don’t have any future as a lawyer. You don’t appear to have spent much time w/ Section 230 case law, but let me summarize for you:
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I’m an unmarried gay professor and regularly host student events in my home. It’s, as you say, NBD. I’d hate to teach at a place where having student events at your home is considered inappropriate.
Another thing that is a side note: I find it weird that, like, a married white couple can invite students into their home and it's NBD. But as a single queer male, I would be viewed with great suspicion if I invited students into my home for school functions (which I don't).
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I generally assume the good faith of those with whom I disagree, and I wish others did the same. I’m now putting twitter to bed so I can enjoy my Sunday night with my mate. 3/3
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disagree with each other, but they could live together peaceably.
The New Right envisions far fewer limits on state coercion. They want free rein to constrain people’s economic, personal, and expressive freedoms not simply to protect individual rights & correct mkt failures, 7/
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Great day at the DC Circuit with three of my fantastic
@MizzouLaw
students!
@GAI_GMU
puts on a terrific antitrust moot court, and Sam Thomas,
@SammyIsSweet
, and
@AlecG315
rocked it! I feel like a proud papa.
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Excellent thread. Conservatives who seek to protect their values by pushing to expand government’s power over private entities are playing a dangerous game.
1/15 On 7 February,
@Heritage
published a report on "Combating Big Tech Totalitarianism". Conservatives in the US think they are standing up to the left, but in fact the two poles are converging into one big illiberal movement with 2 factions separated by cosmetic differences.🧵
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but to force a particular kind of society—one that, for the most part, I find quite appealing.
But what happens when, as is inevitable, the New Right starts losing elections to people with different views of what a good society consists of? 8/
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First it was Big Sandwich. Now it’s Big Accessible Luxury Handbag! Save us!
FTC moves to block Tapestry’s acquisition of Capri. $8.5 billion deal would eliminate competition between Coach, Kate Spade, and Michael Kors:
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What a day. Morning hike to Sunset Rock in Chattanooga, then on to Nashville to watch Mizzou go 10-2, followed by a night cap (Michelob Ultra, no Bud Light on offer) at Robert’s Western World. Happy boy!
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So to recap: On the eve of a S.Ct argument about a challenge to its constitutionality, a govt agency that acts as prosecutor, jury, & judge--having lost after a fulsome review of the evidence in its in-house tribunal--seeks one more chance...but with less evidence. Good grief.
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Wait…this is an option? (He asks, as he stares at the stack of Business Organizations exams sitting on his desk.)
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1/6 - So many bad ideas in
@ewarren
’s antitrust proposal. Most of the chatter so far has been on the merger prohibitions, but as this article shows, there’s much more. Some thoughts on a couple of provisions:
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and our families’ lives as we see fit, provided we don’t impair others’ rights to person or property. Those lacking our convictions could live differently, subject to the same constraints. Religion would be unforced, and thus genuine. (Nothing kills true faith faster than… 5/
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I’m beyond thrilled that TWO teams from
@MizzouLaw
advanced to the final round of
@GAI_GMU
’s outstanding moot court competition. Thanks to Judge Douglas Ginsburg,
@FTCPhillips
, and
@forreia
for judging and for their encouraging words to the students. What an honor to teach them!
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It’s so bizarre that unelected agency officials attempt to justify their overly aggressive rulemaking by pointing to the popularity of the rule. (See also
@FTC
’s defense of its noncompete ban.) If the rule is so popular, Congress can legislate it. Make Congress do its job.
I cannot overstate how strongly I disagree with the 6th Circuit Court of Appeals’ decision to stall our net neutrality rules, the foundation of a free and open Internet. The voices of the American people are clear—they want to control their choices online.
#fcc
#netneutrality
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A fantastic first for me last night: officiating the wedding of a former student. Congrats to antitrust superstar
@briannashills
and her new husband, Tony!
@crystalbridges
is beyond magnificent, and
@bentonvillecvb
rocks! So honored to have been involved.
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I just had the weird realization that I’m probably the only person to have gone running with both
@HawleyMO
(my former colleague) and
@LucasKunceMO
(my former student). This is gonna be interesting.
Since I launched my campaign to replace Josh Hawley in the Senate, thousands have joined our grassroots movement. But that's not all...
@HawleyMO
and his corporate DC allies have also gone on the attack.
So let me tell you a bit about me — and why Joshua is so afraid of me:
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1/ My friend
@HawleyMO
seems not to get the difference between state and private action. We saw this early on when he treated the Kentucky county clerk who refused to issue gay marriage licenses (acting as the state) like the private baker who refused to bake for a gay wedding.
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Arkansas and Missouri are hidden gems. Incredibly verdant, gorgeous hardwood forests, abundant wildlife. Lots of rivers, lakes, and streams. And full of funky towns like Bentonville, Fayetteville, and Columbia. I came here reluctantly but quickly fell in love.
So much green here in Arkansas, even on a cloudy day. This is a beautiful place few people know about.
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So excited for my partner,
@peterwkingma
, whose new book just arrived. If you run a business and need help with cash (or if you just want to know more about working capital), this book’s for you!
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After all, there is virtual consensus among we the people—the source of state power—that individual rights and overall social welfare are good things. We have chosen, in constituting our government, to legitimate some coercion in order to attain those good things. 3/
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But I really wish antitrust interventionists would stop accusing everyone who disagrees with them of being bought off. It’s annoying enough when public interest groups do it. When government enforcers discount opposing viewpoints as biased, it’s downright dangerous. END
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