Liberating Red Lion from the Glass Menagerie of Free Speech Jurisprudence

The law of information platforms has blurred numerous doctrinal categories within the law and has begun to assimilate a widening array of nonlegal disciplines.2 Communications law alone has become “so vast that fully to comprehend it would require an almost universal knowledge ranging from” engineering, economics, and management science “to the niceties of the legislative, judicial, and administrative processes of government.”3 In contemporary regulatory analysis, it therefore borders on apostasy to address a strictly legal proposition. But straightforward legal analysis has its place, if only because law alone consistently presents “truth in the pleasant disguise of illusion.”4 I hereby propose a little legal fantasy.5 Which case, statute, or rule would scholars erase from the books if they suddenly acquired the power to “strike like lightning” and vaporize any sin-