Jimmy Kimmel Should Have Strong Odds at the Supreme Court

Just noodling on this:

He has better-than-typical odds of clearing the standing hurdle. He was directly harmed, right.

But he's going to have some pretty high evidentiary hurdles, right? Discovery may well turn up that Nextar pulled his shows preemptively, both because of political affiliation and because of an upcoming merger. They didn't need to be "jawboned", and there's not much indication that they were even contacted by the FCC.

When the largest affiliate network in the country pulls your show, it's harder to make the case that ABC itself was responding directly to the FCC, which is what Kimmel will need to establish.

These are positive and not normative arguments and my confidence level is extremely low.

Since that was written, Disney evidently published the back story that, days earlier, they were looking to fire Kimmel themselves (before any FCC threat), because he alienated the viewer base repeatedly, costing advertisers.

Hard to know if that's true, of course.

I could say a lot of mean things about Jimmy. But what good would it do? I can't stand him. But I will stand up for his right to say whatever he says. If this country, this side or that side, on a razor's edge or done gone cosmic can't see what looms in this direction, just take a chance and oppose it while you can. You don't want to live the alternative.

Quite seriously

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