Following the nomination Monday of Brett Kavanaugh as the next Supreme Court Associate Justice by Donald Trump, a piece published today by The Hollywood Reporter’s THR, Esq., warns that Kavanaugh might “gut television broadcasting as we know it.”
“If he is confirmed, television broadcasters as well as the owners of copyrighted movies and television shows could be in for a gigantic shock to the system,” THR’s Eriq Gardner writes in the piece. “To understand why, one must appreciate Kavanaugh’s judicial philosophy. Last week in previewing Kavanaugh, we showcased how he was leery of permitting states to dictate how federal courts operate. That could present problems to libel defendants, among others who have been relying on special free speech protection laws like anti-SLAPP statutes.”
Gardner adds: “If Kavanaugh has a signature, it’s the judge’s heavy skepticism of the administration state. He isn’t so quick to rely on government agencies for interpretation of statutes in the absence of clear directive from Congress. What’s more, he thinks it is outside the judge’s purview to consider what makes most policy sense. Rewriting the laws through doctrines is a big no-no for judges in his worldview.”
We encourage readers to click on the link above to THR to read Gardner’s full report.