Report: Supreme Court Nominee Could Be a Threat to TV Broadcasters

Jul 10, 2018  •  Post A Comment

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.


  1. C’mon now, this article a HUGE reach, the biggest threat to the broadcast was Wheeler and Obama, the new FCC and administration has made nothing but positive changes for the industry.

  2. That article is nonsense. Just another clown putting out crap so he can draw attention to himself.

  3. Who decides to put crap like this on this daily newsletter?? ONE GUY is going to bring about the destruction of broadcast TV?? This is embarrassing. Eriq Gardner belongs on CNN and MSNBC where he can join the chorus of “THE SKY IS FALLING” !!!! Today’s media elite have no conscious, no integrity and no shame.

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