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

Federal Communications Commission (FCC) Archives

3 weeks 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

4 weeks 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

1 month 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

2 months ago | 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?

2 months ago | 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.
Protecting Kids and Adults Online: Device-Level Age Authentication

Jan 30, 2025 | aei.org | Daniel Lyons |Owen O’Brien-Powers

Last week, the Supreme Court heard oral arguments in Free Speech Coalition v. Paxton, which involves a constitutional challenge to a Texas age verification law for websites containing sexually explicit material. The case offers the Court the opportunity to revisit two cases decided at the dawn of the Internet Age finding such requirements violated the First Amendment.
After Net Neutrality: The Return of the States

Jan 16, 2025 | aei.org | Daniel Lyons |Kate Beinkampen

Last week I discussed the Sixth Circuit decision classifying broadband as a Title I information service and effectively eliminating the Federal Communications Commission’s (FCC) general power to regulate broadband. But like nature, regulators abhor a vacuum. While closing the door to federal regulators, the decision also creates opportunities for states to act. This post examines the present and potential future of state-level broadband regulation.
The Sixth Circuit Strikes Net Neutrality in a Victory for Tech and Administrative Law

Jan 10, 2025 | benton.org | Daniel Lyons

The US Court of Appeals for the Sixth Circuit brought an end to the decade-long fight over net neutrality by prohibiting the Federal Communications Commission (FCC) from applying Title II common carrier regulation to broadband providers. The ruling reaffirms the principle that important policy decisions should be made by Congress, not by agencies under the guise of interpreting ambiguous statutes. The decision is good news for tech innovation.