Eugene Volokh on First Amendment Violations and Political Retaliation

First Amendment Violations by Government

• ⚖️ Eugene Volokh, an expert on First Amendment law, argues that government pressure on media outlets to suspend or cancel shows constitutes a violation of free speech rights.
• 📌 This is likened to the Supreme Court's precedent set in the NRA case, where the government was found to have violated the First Amendment by pressuring entities to cut business relationships with the organization.
• ⚠️ Volokh states that when the FCC pressures a network to cancel a show to suppress its message, it is an improper action that violates the First Amendment.

Political Motivation and Consequences

• 🎯 While politically motivated actions are common in democracy, the crucial question is whether they violate the law and free speech rights, which Volokh believes they do in this context.
• 🔄 He suggests that the Trump administration may be overplaying its hand, similar to how Democrats allegedly did in the last election, potentially leading to political retaliation from both the left and the right.
• 🗣️ The main checks on such government actions are political, rather than legal, due to the difficulty in mounting a successful legal challenge.

Ironies in Free Speech Debates

• 🎭 There's an irony in free speech advocates calling for the shutdown of content that goes against their views, and those who previously advocated for consequences for speech now becoming upset when similar pressures are applied to them.
• 🧐 While government action is particularly concerning, Volokh notes that human nature often leads people to restrict speech they disagree with, with many not being principled free speech supporters.
• 💡 Principled free speech supporters exist on both the left and the right, with Senator Ted Cruz being cited as an example of someone who has shown himself to be such.

Legal Challenges and Practicalities

• 📉 ABC, the network pressured by the FCC, is unlikely to sue the FCC, and Jimmy Kimmel, while theoretically able to, faces practical business challenges in Hollywood that may deter him from suing.
• 💼 Suing the government could negatively impact one's career and expose potentially embarrassing information, making it an undesirable option for those in the industry.