Daniel Lyons

Newton

Senior Fellow at American Enterprise Institute

Husband & father. Professor & Assoc Dean @bclaw. Nonresident senior fellow @AEI. Telecom/Internet law, Energy, Admin Law. "An appropriate number of dad jokes."

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Articles

Free Speech and Tech Policy at the US Supreme Court, 2025

2 weeks ago | aei.org | With Clay Calvert |Daniel Lyons |Shane Tews |Clay Calvert

New Supreme Court decisions are reshaping the boundaries of online free expression. Recently, the Court considered a Texas law requiring age-verification mandates and compelled the use of warnings on adult websites, raising key questions about the government’s role in regulating digital platforms and the burdens that can be placed on adults to access lawful content in the interest of safeguarding minors.
Reclaimed Words and a Meta Oversight Board Decision Reveal Problems with Policing Online Hate Speech

3 weeks ago | aei.org | Clay Calvert |Daniel Lyons |Mark Jamison |Shane Tews

Post Reclaimed Words and a Meta Oversight Board Decision Reveal Problems with Policing Online Hate Speech Post Bastiat and What is Not Seen in Tech Policy Post California Finally Abandons Facets of Flawed Social-Media Mandate Post Why Trump’s FTC Firings Matter—Even If They’re Legal Post Children’s Online Safety Should Rely on Content Providers, Not Device Manufacturers Post Haste Controls Waste! A Theory of Reform Post Free Speech or Culpable Conduct? When Role-playing Chatbots Allegedly...
Online Speech Project Archives

1 month ago | aei.org | Clay Calvert |Daniel Lyons |Shane Tews |Bronwyn Howell

Event Free Speech and Tech Policy at the US Supreme Court, 2025 Post First Amendment Fundamentals for Lawmakers as Courts Block Efforts to Protect Minors on Social Media Post California Finally Abandons Facets of Flawed Social-Media Mandate Post The Public Interest as a Political Tool Post Children’s Online Safety Should Rely on Content Providers, Not Device Manufacturers Post Trump vs. The Press Post Look Who’s Jawboning Now: The FCC Post Free Speech and the Tech Leaders’ Presence at Trump’s...
Federal Communications Commission (FCC) Archives

1 month ago | aei.org | Clay Calvert |Shane Tews |Daniel Lyons |Mark Jamison

Post Loosening an Ownership Cap and Tightening a News Rule: Can Carr’s FCC Reconcile Its Objectives?
Tag Archive: First Amendment | American Enterprise Institute - AEI

1 month ago | aei.org | Clay Calvert |Daniel Lyons |Roger Pielke Jr. |Robert George

Post Trump’s Retributive Attacks on Speech and Press Rights Overshadow His Early Righteous Embrace of Online Free Expression Post So, Are We Gonna Ban TikTok, Or…?
Bastiat and What is Not Seen in Tech Policy

2 months ago | aei.org | Daniel Lyons |Julia Torres

Over at The Dispatch, AEI Senior Fellow Jonah Goldberg recently praised Frédéric Bastiat’s classic essay, “That Which is Seen, and That Which is Not Seen“. Goldberg cited the piece to critique the Trump administration’s seemingly-attractive-but-deeply-flawed approach to trade. I’ve found that this short 1850 treatise is equally illuminating when assessing 21st century tech policy.
The Supreme Court Seems Unlikely to Revive Nondelegation Doctrine in FCC Case

2 months ago | aei.org | Daniel Lyons |Julia Torres

Earlier this month, I previewed the arguments in Federal Communications Commission v Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the nondelegation doctrine, which prohibits Congress from delegating the legislative power to executive branch agencies. As my previous post explains, nondelegation is a largely toothless doctrine, mostly dormant since 1935.
Daniel Lyons on Non-Delegation Doctrine

Mar 26, 2025 | laweconcenter.org | Daniel Lyons

Daniel Lyons, ICLE academic affiliate, was quoted in a WDSU story about the Supreme Court’s review of a case that could eliminate the FCC’s Universal Service Fund, created at the instruction of Congress. Read the full article here. “The existing non-delegation doctrine has allowed agencies to get stronger and stronger, and that’s allowed Congress to atrophy,” Boston College Law School’s Daniel Lyons said. “Congress is no longer making the big decisions.”
Will FCC v. Consumers’ Research Revive the Nondelegation Doctrine?

Mar 21, 2025 | aei.org | Daniel Lyons

The idea behind the nondelegation doctrine is sound: Congress should not delegate legislative power to executive branch agencies. But its implementation leaves much to be desired. Nearly every nondelegation case acknowledges there’s a theoretical boundary but then finds that Congress hasn’t crossed it here.
Innovating Future Power Systems: From Vision to Action

Feb 20, 2025 | aei.org | L. Lynne Kiesling |Daniel Lyons

Innovating Future Power Systems: From Vision to Action The United States should strive toward an energy system with fewer barriers to innovation and more opportunities for consumers to access affordable and dependable power systems, decide how and when they consume (and produce) the electricity they want and need, and invest in the solutions that bring them the greatest value.