Stuart Benjamin - The Washington Post

Stuart Benjamin

Education:

Stuart Benjamin is the Douglas B. Maggs Professor of Law, Associate Dean for Research, and co-director of the Center for Innovation Policy at Duke Law School. He specializes in telecommunications law, the First Amendment, and administrative law. From 2009 to 2011, he was the first Distinguished Scholar at the Federal Communications Commission. He is a coauthor of Telecommunications Law and Policy (1st ed. 2001, 2nd ed. 2006, 3rd ed. 2012), has written numerous law review articles, and has testified before House and Senate committees as a legal expert on a range of topics.
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Latest from Stuart Benjamin

What is the ‘do no harm’ position on the First Amendment in cyberspace?

Today’s Supreme Court case on registered sex offenders and social media highlights how much work is done by defaults when facts are constantly changing.

June 19, 2017

Choosing which cable channels to provide is speech, but offering Internet access is not

Charging higher rates for faster Internet access isn't speech. If it were, all pricing decisions would be speech.

May 1, 2017

President Trump’s executive order on regulatory costs imperils the rest of his regulatory agenda

The new executive order on regulatory costs not only ignores benefits but also places obstacles in the path of the rest of President Trump's regulatory agenda.

January 30, 2017

D.C. Circuit buries Supreme Court precedent

Scalia’s dissent in the independent counsel case is treated as the precedent.

October 11, 2016

Providing Internet access isn’t speech

Writing and editing are speech. Transmitting is not.

June 15, 2016

Yes, Donald Trump can announce whom he would appoint

Interpreting the statute to prohibit such announcements would violate the First Amendment.

May 18, 2016

The opinions Justice Scalia joined will start being treated worse, even if he is replaced by a like-minded Justice

A new study suggests that, controlling for judicial ideology, circuit courts treat Supreme Court opinions worse as members of the opinion majority leave the Court.

February 26, 2016

Why would a trial judge make his bias so clear?

There are lots of ways to rule against a plaintiff. This judge chose to be blatantly unfair, setting himself for removal from the case. Why?

September 8, 2015

What does Congress mean by “methodology”?

The D.C. Circuit just issued an opinion allowing for a major upcoming spectrum auction, and it’s all about methodology – as understood by engineers, members of Congress, and judges.

June 12, 2015

Q: “Do you know of any case in which we have halted a proposed rulemaking?” A: “I do not, your Honor.”

Why challenge EPA regulations before they are completed? Maybe there's a reason other litigants don't bring such challenges.

April 17, 2015