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The Libertarian

The Libertarian

By: The Civitas Institute at the University of Texas at Austin
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About this listen

 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
  • Episode Six: Trump v. Kimmel

    Episode Six: Trump v. Kimmel
    Sep 25 2025
    Richard Epstein dives into the controversy surrounding Jimmy Kimmel, the FCC, and free speech. Using the recent dust-up as a starting point, Epstein traces the history of the Federal Communications Commission from its origins in the 1930s through landmark cases like Red Lion. He explains how government licensing of the broadcast spectrum opened the door to censorship, distortion, and inefficiency—and why libertarians like Ronald Coase pushed for a market-based approach instead. Professor Epstein also contrasts Hayek’s vision of free entry with Felix Frankfurter’s regulatory mindset, explores the limits of “public interest” obligations, and shows how today’s fragmented media landscape makes FCC power increasingly obsolete.
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    23 mins
  • Episode Five: Posse Comitatus: Trump, Troops, and the Limits of Presidential Power

    Episode Five: Posse Comitatus: Trump, Troops, and the Limits of Presidential Power
    Sep 3 2025
    Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.
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    26 mins
  • Episode Four: Surf's Up: Roman Law and Beach Houses

    Episode Four: Surf's Up: Roman Law and Beach Houses
    Aug 21 2025
    Richard Epstein explains why policy around laws governing coastal property rights and construction is grounded in ancient Roman natural law. In addition, he argues for coordinated, state-facilitated seawalls that preserve views and access and, where necessary, for using condemnation (and compensation) rather than forbidding owners to protect already-developed properties under a sweeping public-trust theory.
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    26 mins
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