Daniel Gilman on FTC Chair Ferguson’s Claims of Gmail Bias

ICLE Senior Scholar Daniel J. Gilman was quoted in a Reason article about FTC Chair Andrew Ferguson’s claims of Gmail bias against Republican emails. The piece highlight that there is a lack of clear evidence to support the allegation. Read the full story here.

Ferguson’s last piece of evidence is the notice of oral argument in Republican National Committee (RNC) v. Google Inc. (2025). In the case, which was first dismissed in 2023 and again with prejudice in 2024, the RNC alleges that Google deliberately diverted its emails to users’ spam folders. The chairman invokes the ongoing litigation as evidence of “similar concerns” to his own. Daniel J. Gilman, a senior antitrust scholar at the International Center for Law and Economics, reminds the good chairman that the RNC’s appeal “substantiates only the fact of the appeal, not the facts alleged, much less a finding of illegality under any federal or state law.”