Cato Podcast Surf, Speech, and Government Cartels
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Mar 24, 2026 Tommy Berry, a constitutional scholar focused on First Amendment and economic liberty, and Caleb Trotter, a litigator challenging government limits on surf instruction, discuss government-created monopolies that block independent surf teachers. They explore treating instruction as protected speech, strategic advantages of speech claims, undercover enforcement stings, and wider fights against regulatory cartels.
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Surf Instructor Fined After Undercover Sting
- Jason Murchison built a full-time surf-instruction business in Newport Beach after Navy service and law school.
- Newport Beach passed an ordinance banning instructional activity on city beaches, creating exclusive contracts with three schools and effectively banning others.
State Parks Left One Authorized Surf School For 17 Years
- Helena Beck runs Wavehuggers and developed surf therapy over 12 years, teaching across Southern California.
- California State Parks hasn't solicited new surf-school proposals in 17 years and effectively left one authorized operator in place.
Instruction Is Protected Speech Even When Paid
- Teaching and one-to-one instruction qualify as speech protected by the First Amendment even if paid.
- Tommy Berry compares a surf instructor's corrective guidance to publishing tips or tailored conversations protected as speech.