by Ken MacVey
Since 1914, the Federal Trade Commission ‘s mission has been to enforce civil antitrust and unfair competition/consumer protection laws. The question is whether this mission has been supplanted—whether the FTC under Trump 2 .0 is becoming the Federal Political Truth Commission.
My Background: The FTC Investigates the Movie and Record Industries
Many years ago I started my legal career as a lawyer for the FTC. In that role, I proposed investigations into the motion picture and record industries which were opened by the FTC.
The publicly announced FTC investigation of the movie industry focused on possible collusion in the US between a handful of major motion picture companies that dominated the motion picture markets in the US and abroad. Not too long afterwards I recommended and got approval to investigate a proposed merger between two of the top six record companies in the US that would have resulted in the largest record company in the world.
While the motion picture investigation did not result in litigation, the record merger investigation did lead to litigation by a small team of FTC lawyers (including myself) that blocked the merger.
Antitrust and the Value of Media Diversity
In pursuing these investigations, I discussed traditional antitrust concerns about reduced competition and collusion. But I also pointed out that the products were unique—they just weren’t commodities like cement or steel. These were products of expression and culture. Antitrust focuses on how consumer choice is reduced by anticompetitive conduct. Here we did not face just a reduction in choice regarding widgets, but in ideas and expression.
But there never was any discussion on content—never was it suggested that certain kinds of movies or records were better than others, that some should be promoted, others not. Never were ideological slants or views considered or discussed. The point was always about protecting or expanding the range of consumer choice.
This idea of the antitrust value of diversity in media was not new. In fact, the Supreme Court in 1943 underscored the value of diversity and quantity in radio broadcasting when it held that the Federal Communications Commission could consider antitrust concerns in regulating radio broadcasting networks. Then NBC owned two radio networks, one called the “red network” and the other the “blue network.” Per the Supreme Court decision, the FCC ordered the divestiture of the blue network. This network became ABC, the American Broadcasting Company. Although the Supreme Court endorsed consideration of antitrust values to widen the scope of what was available to listeners, it drew the line on government going after the content of expression. Read more »





It is now close to 20 years since I completed my Ph.D. in English, and, truth be told, I’m still not exactly sure what I accomplished in doing so. There was, of course, the mundane concern about what I was thinking in spending so many of what ought to have been my most productive years preparing to work in a field not exactly busting at the seams with jobs (this was true back then, and the situation has, as we know, become even worse). But I’ve never been good with practical concerns; being addicted to uselessness, I like my problems to be more epistemic. I am still plagued with a question: Could I say that what I had written in my thesis was, in any particular sense, “true?” Had I not, in fact, made it all up, and if pressed to prove that I hadn’t, what evidence could I bring in my favour? Was what I saw actually “in” the text I was studying?



Sughra Raza. Colorscape, Celestun, Mexico. March 2025.
Lana Del Rey exists in a meticulously crafted world of her own. It’s a world apart. I purchased an invite to drop-by this summer, so that I might glimpse its finer details. Along with the crowd at the Anfield stadium in Liverpool, I was standing at its perimeter, gazing inwards, wondering. The atmosphere seemed rarified, there were even lily pads on the custom-built pond. 

Today’s modest topic is the future of the West. Will it end in a bang, whimper or maybe just sort of muddle through in some zombie stagger? Whatever happens, a quarter of the way through the American Century, the standard of liberal democracy we hoisted as global inevitability twenty years ago hangs by the scruff of the neck and its enemies are eager to boot it straight into irrelevance.
