[U: Appealed.] Hinderaker Tells Us He Knows Nothing Of Old FCC Law & Procedure, Without Telling Us He Knows… Nothing Of It.

Updated 07.05.2023 8 pm: The Administration has already filed a notice of appeal from this nonsense. The decision will be wiped from the books, as completely untethered from existing law. End update.

Hilarious — now John weighs in on the Doughty nonsense manifesto of the Fourth.

John opines that the Supremes will affirm this pile of dung, if it becomes a final injunction.

I will take the other side of that bet, on a 7-2 majority. Only Alito and Thomas will see this as a proper injunction.

Here is why — as I said last evening:

The entire opinion rests on a laughably insipid false premise: this judge pretends that a right to say something — anything — means the NYT (for example) “must carry” it. Preposterous. Saint Ronnie Reagan got rid of the “must carry” rules — even in broadcast — in about 1985.

No one’s right to speak is abridged, just because I (a purely private actor, like FB or the NYT) refuse to sell you my bull-horn, or worse — give you a free one. Damn, Doughty. All these complaining loons may drive to NYC, and go directly into Times Square, and bark madly into the night sky. That’s the sole freedom they are accorded (no private party owns the sidewalk in Times Square) — but no one says I have to host them in my private living room. See the difference? That’s the pure idiocy of Judge Doughty.

So, his “opinion” will be stricken on appeal — and never matter in any real world scenario.

But it was some great red political meat — around the fireworks — for the Trumpers. I link it here — only so we may accord it… its richly-deserved mockery. I guess the Administration should remain silent in pandemics, when idiot doctors endanger the lives of the public with false health claims(?!). This is lunacy, as a matter of policy — and in no manner reads on the First Amendment — properly understood.

Onward — too bad these jokers didn’t pay attention to the evolution of public media and broadcast law, as informed by evolving (conservative) first amendment law, over the last half century or so.

Damn. Good theatre, though.

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