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The Libertarian

The Libertarian

Written by: The Civitas Institute at the University of Texas at Austin
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 The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.

The Libertarian is a podcast of the Civitas Institute at the University of Texas at Austin.The Civitas Institute at the University of Texas at Austin Political Science Politics & Government World
Episodes
  • Equal Time in an Unequal Media Environment

    Equal Time in an Unequal Media Environment
    Feb 19 2026
    Richard Epstein unpacks what the equal time rule actually is, where it came from, and why it still applies to broadcast television decades after the demise of the Fairness Doctrine. He also explores the original justification for FCC regulation based on spectrum scarcity, the uneasy relationship between free speech and campaign finance law, and whether the logic behind these rules makes any sense in a world of YouTube, podcasts, and limitless media platforms
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    25 mins
  • Can Social Media Platforms Be Held Liable for User Speech?

    Can Social Media Platforms Be Held Liable for User Speech?
    Jan 31 2026
    Can social media companies be held legally responsible for the harms caused by their users? Richard Epstein examines the surge of lawsuits targeting social media platforms, particularly claims tied to speech, adolescent harm, and platform design. Epstein explains why traditional tort law places responsibility on the individual wrongdoer rather than intermediaries, how Section 230 is meant to shield platforms from derivative liability, and why efforts to carve out “bad faith” or promotion-based exceptions risk collapsing those protections altogether. He also explores the high costs and perverse incentives of jury-driven liability, the limits of causation in complex social harms, and a deeper concern often overlooked: government pressure on platforms that threatens free speech more than platform misconduct itself.
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    25 mins
  • Trump Flirts with Price Controls

    Trump Flirts with Price Controls
    Jan 15 2026
    President Trump’s recent embrace of economic proposals run sharply against free-market orthodoxy, exploring three headline-grabbing ideas: capping credit-card interest rates, banning institutional investors from buying single-family homes, and restricting dividends and stock buybacks by defense contractors. Why is a Republican president is advancing policies more commonly associated with progressive populism? Drawing on economic history, constitutional law, and real-world market behavior, Epstein argues that price controls, capital restrictions, and politicized contracting consistently backfire, harming consumers, workers, and innovation alike. The conversation situates Trump’s proposals within a broader populist strategy, assesses the political incentives behind them, and warns that ignoring basic economic lessons risks repeating some of the most durable policy failures of the past.
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    23 mins
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