NetChoice’s Clement brings up the idea that the government can regulate content on broadcast radio and television because wireless spectrum is a scarce public resource — an idea that came out of Red Lion Broadcasting Co. v. FCC in 1969. There’s no similar rationale that allows the government to regulate speech on the internet, and Red Lion hasn’t been reconsidered. (I recently talked about Red Lion with Barack Obama on Decoder — he told me that government needed to find a new hook to enforce content moderation rules.)