The Federal Trade Commission (FTC) Chair Andrew Ferguson recently acknowledged Justice Clarence Thomas as „the most important judge of the last 100 years“ in a memo to agency staff celebrating Black History Month. This recognition reflects Ferguson’s alignment with Thomas’s judicial philosophy, particularly regarding technology and consumer protection.
In the memo dated February 7, 2025, Ferguson emphasized Thomas’s journey from a challenging childhood to becoming a prominent figure in American law. He noted Thomas’s resilience and belief in the potential for individuals to overcome adversity.
This announcement marks a shift in the FTC’s direction under Ferguson, contrasting with the previous leadership of Lina Khan. Ferguson’s approach appears to reject diversity, equity, and inclusion initiatives, which had been a focus during Khan’s tenure. He recently stated that the agency would no longer allow political appointees to participate in American Bar Association events, labeling the organization as „beholden to the interests of Big Tech.“
Ferguson’s memo also suggests that the FTC might adopt a more critical stance on issues related to technology’s impact on society. Thomas, known for his skepticism towards Section 230, which shields tech companies from liability for user-generated content, may influence future FTC actions, especially in antitrust cases involving major tech firms like Meta and Amazon.
Under Khan, the FTC had focused on addressing racial bias in technology and promoting diverse hiring practices. Ferguson’s recent communications indicate a departure from these priorities, suggesting a potential reevaluation of how the agency addresses these issues moving forward.
The memo serves as a significant indicator of Ferguson’s intentions and the future direction of the FTC, particularly regarding its approach to technology regulation and consumer protection.
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