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The Libertarian

The Libertarian

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
  • Iran, Regime Change, and the War Powers Act

    Iran, Regime Change, and the War Powers Act
    Mar 4 2026
    Richard Epstein defends the U.S. strike on Iran as a necessary act of preemptive self-defense, arguing that waiting for an “imminent” attack would have been reckless in the face of a hostile regime pursuing nuclear capability. He also dives into the War Powers Act, executive authority, regime change, and what “victory” would actually mean—while weighing the risks of escalation against the dangers of hesitation. Is this decisive statecraft or constitutional overreach? Epstein makes the Libertarian hawk case.
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    27 mins
  • 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
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