Sen. Warren: My Opponents Keep “Saying Whatever They Want About Washington Policy Debates”

Sen. Elizabeth Warren (D-Mass.), as the business press reports, “is calling on the Securities and Exchange Commission to investigate several critics of the Department of Labor’s fiduciary rule, claiming they misled investors through duplicitous statements.” […]

Unless readers have long memories, they’re probably not aware that Warren is not inventing a new tactic for trying to chill business speech: she’s reviving an old one.  Way back in 1980, the magazine Regulation – now a Cato publication, then published by our friends at the American Enterprise Institute – ran an opinion editorial on precisely this issue, provocatively titled “Two Lies Are Better Than One.” […] The piece concludes:

Unless the Nader proposal is changed to include some appropriate remedy for such noncorporate hyperbole, it represents not a radical abandonment of the adversary system but, to the contrary, one of the classic gambits in the book of adversary strategy, to be found under the heading “handicapping one’s opponent.”

And so with Sen. Warren’s proposal.

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