With respect, President Biden’s efforts to counteract false information regarding a public health issue was considerably different than Carr’s statements about a purely political (and emotional) issue. Still wrong, per the Court, but not truly equivalent to the current situation.
Good piece, but Vullo has one big distinction that jumps right out at me. It was a case about an NY state official pressuring an insurer to terminate policies to the NRA based on its political speech. Would it even be relevant to an FCC commissioner’s comments about whether a regulated entity has violated the regulations on speech that the commissioner and agency are tasked with enforcing?
All of those employed by the show could sue, as could the unions who represent them (and there are several). And they should. It’s not about winning damages (which as you point out isn’t possible). It’s about resisting in every possible way.
With respect, President Biden’s efforts to counteract false information regarding a public health issue was considerably different than Carr’s statements about a purely political (and emotional) issue. Still wrong, per the Court, but not truly equivalent to the current situation.
No biden's statement was not jawboning, so "per the court" is incorrect.
Good piece, but Vullo has one big distinction that jumps right out at me. It was a case about an NY state official pressuring an insurer to terminate policies to the NRA based on its political speech. Would it even be relevant to an FCC commissioner’s comments about whether a regulated entity has violated the regulations on speech that the commissioner and agency are tasked with enforcing?
Can you get a declaratory judgment if no injunctive relief would otherwise be available? Wouldn’t that just be an advisory opinion?
Had the same question. I’d love to know the answer.
All of those employed by the show could sue, as could the unions who represent them (and there are several). And they should. It’s not about winning damages (which as you point out isn’t possible). It’s about resisting in every possible way.
Excellent article! Highly readable, even for a lay reader such as myself.