The newly appointed Federal Trade Commission (FTC) Chair Andrew Ferguson has sparked controversy with a memo honoring Justice Clarence Thomas as the "most important judge of the last 100 years" for Black History Month. The memo, obtained by The Verge, sheds light on Ferguson's views on the conservative Supreme Court Justice, who has been a vocal critic of tech's legal liability shield Section 230 and a skeptic of diversity measures.

In the February 7th email, Ferguson shared his thoughts on Thomas, whom he clerked for and calls a friend. Ferguson praised Thomas for overcoming a difficult upbringing and later having his views on the law "pilloried by American elites." He also highlighted Thomas's ability to "pull himself up by his bootstraps" and achieve greatness, citing his success as an example of the American dream.

However, critics have raised concerns about Ferguson's praise for Thomas, given the Justice's controversial views on affirmative action and Section 230. Thomas has long opposed affirmative action and has expressed skepticism about the virtues of creating a diverse educational environment. He has also advocated for narrowing Section 230 protections, which shield tech platforms from being held responsible for their users' posts or moderating content.

Ferguson's views on Thomas may signal a shift in the FTC's approach to tech regulation and diversity initiatives. Under previous Chair Lina Khan, the FTC commonly discussed the role of racial bias and discrimination in enforcement actions and reports, and posited diverse hiring as a potential solution to such problems. In contrast, Ferguson has declared that "DEI is over at the FTC," claiming that any diversity, equity, and inclusion initiative "denies to all Americans the Constitution's promise of equality before the law."

Ferguson's memo has also raised eyebrows due to Thomas's recent controversy surrounding luxury vacations funded by billionaire Republican megadonor Harlan Crow. Thomas later admitted to "inadvertently omitting" the disclosure in his past public financial filings.

The implications of Ferguson's praise for Thomas are still unclear, but it may influence the direction of the FTC under his leadership. As the agency takes on consumer protection cases, including antitrust cases against Meta and Amazon, Thomas's views on Section 230 and diversity measures may come into play. The FTC's approach to regulating tech companies and addressing bias in AI-automated systems may also be affected by Ferguson's stance.

In conclusion, Ferguson's memo honoring Justice Clarence Thomas has sparked controversy and raised concerns about the direction of the FTC under his leadership. As the agency navigates complex issues in tech regulation and diversity initiatives, Ferguson's views on Thomas may have significant implications for the industry and consumers alike.