January 12, 2009

Matt Welch at Reason rounds up reactions to the surprise choice; most of those quoted had a positive reaction (as did I) given Sunstein's outstanding qualifications, in-depth knowledge of the field, reputation for open-mindedness, and other virtues. Adam Thierer, however, reminds readers of one of the law professor's odder and more disturbing (and, one hopes, uncharacteristic) stands: the time he "called for popular or partisan websites to be forced to carry links to opposing viewpoints. Think of it as a combination of must carry mandates and the Fairness Doctrine for the Internet." As Thierer notes, Sunstein later abandoned the idea, saying he had concluded "that it's a stupid and almost certainly an unconstitutional suggestion."