Ian Millhiser
👤 SpeakerAppearances Over Time
Podcast Appearances
Now, I read that and I hear there are two things that needs to happen. One is that the president needs to declare an emergency. He's done that. I don't think the courts can review that, and that's fine. But the second thing is that the statute also says that whatever he's reacting to actually has to be an unusual and extraordinary threat.
Now, I read that and I hear there are two things that needs to happen. One is that the president needs to declare an emergency. He's done that. I don't think the courts can review that, and that's fine. But the second thing is that the statute also says that whatever he's reacting to actually has to be an unusual and extraordinary threat.
So, I mean, I don't know what the courts are going to do here. Maybe they're going to start second-guessing every emergency declaration that a president makes, and I don't really think that would be a good idea. Because a lot of the time these statutes, again, they aren't really about like, is this something that you and I would call an emergency?
So, I mean, I don't know what the courts are going to do here. Maybe they're going to start second-guessing every emergency declaration that a president makes, and I don't really think that would be a good idea. Because a lot of the time these statutes, again, they aren't really about like, is this something that you and I would call an emergency?
So, I mean, I don't know what the courts are going to do here. Maybe they're going to start second-guessing every emergency declaration that a president makes, and I don't really think that would be a good idea. Because a lot of the time these statutes, again, they aren't really about like, is this something that you and I would call an emergency?
They're about, is this so important that it warrants the president's personal attention? And I don't know that we want courts getting involved in making those calls. But in this case, this statute says two things have to happen. It's not just that the president has to declare an emergency. It's that there has to actually be an extraordinary and unusual threat.
They're about, is this so important that it warrants the president's personal attention? And I don't know that we want courts getting involved in making those calls. But in this case, this statute says two things have to happen. It's not just that the president has to declare an emergency. It's that there has to actually be an extraordinary and unusual threat.
They're about, is this so important that it warrants the president's personal attention? And I don't know that we want courts getting involved in making those calls. But in this case, this statute says two things have to happen. It's not just that the president has to declare an emergency. It's that there has to actually be an extraordinary and unusual threat.
And so I'm hoping the courts are going to say, look, we can just set aside the question of whether Trump was right to declare an emergency and focus on whether that unusual and extraordinary threat exists.
And so I'm hoping the courts are going to say, look, we can just set aside the question of whether Trump was right to declare an emergency and focus on whether that unusual and extraordinary threat exists.
And so I'm hoping the courts are going to say, look, we can just set aside the question of whether Trump was right to declare an emergency and focus on whether that unusual and extraordinary threat exists.
there is a First Amendment principle that is in conflict with the broader national security principle.
there is a First Amendment principle that is in conflict with the broader national security principle.
there is a First Amendment principle that is in conflict with the broader national security principle.
foreign nationals, companies with significant foreign ownership cannot operate a radio station in the U.S. So it is very, very well established that for certain critical communications infrastructure, the government can say U.S. only. You have to be a U.S. citizen or a U.S. company in order to own and operate this.
foreign nationals, companies with significant foreign ownership cannot operate a radio station in the U.S. So it is very, very well established that for certain critical communications infrastructure, the government can say U.S. only. You have to be a U.S. citizen or a U.S. company in order to own and operate this.
foreign nationals, companies with significant foreign ownership cannot operate a radio station in the U.S. So it is very, very well established that for certain critical communications infrastructure, the government can say U.S. only. You have to be a U.S. citizen or a U.S. company in order to own and operate this.
And all that's happening here is the government is saying we want to apply the same rule that has been applied all along to other forms of communications infrastructure to a social media company, to TikTok.
And all that's happening here is the government is saying we want to apply the same rule that has been applied all along to other forms of communications infrastructure to a social media company, to TikTok.
And all that's happening here is the government is saying we want to apply the same rule that has been applied all along to other forms of communications infrastructure to a social media company, to TikTok.