
Stuart Benjamin
American film producer
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Sep 1, 2026
The Process Is The Punishment: ABC v. FCC With Stuart Benjamin | Hoover Institution
2:17
2:39
2:50
8:14

Stuart BenjaminGUEST
The course of dealing is that, as I wrote about in an article for the Journal of Free Speech Law, there was a longtime... large consensus in the FCC starting in the Reagan administration of self-restraint in the FCC using what's known as its public interest authority.

Stuart BenjaminGUEST
This is because the statute governing the Revocation or transfer of licenses is subject to the public interest convenience or necessity of very broad standard.

Stuart BenjaminGUEST
And when Brendan Carr came in as the new FCC chair in Trump's second administration, he fairly quickly made it clear that he planned to reinvigorate that public interest standard.
5 MINS LATER
Eugene VolokhHOST
And at least one of the claims that ABC is making here is that the FCC is targeting it not on an even-handed basis, the way it would apply these rules as to anybody else, but because of ABC's critical coverage of the Trump administration or decision not to cover certain things from the Trump administration.
Bloomberg Surveillance TV: August 27th, 2026
12:08
12:18
12:24
12:32
J
11:59Jonathan FerroHOST
And what kind of read would you gauge from their approach to this litigation for their approach to the other litigation?

Stuart BenjaminGUEST
Because this, this was the equivalent of the cigarette litigation where you have the states going after you, being able to sue, essentially, on behalf of all of the citizens of the states.

Stuart BenjaminGUEST
So there are now g- there are still gonna be a bunch of other s- smaller lawsuits that will be, uh, that will be brought they'll have to deal with.

Stuart BenjaminGUEST
Um, but the, the, those are gonna be in, in, in, in the millions, not the billions.

Stuart BenjaminGUEST
And, um, and a lot of the oomph, to use a technical term, um, in those later cases is gonna be taken away now that Meta has changed its practices.
L
13:05Lisa AbramowiczHOST
Why would it be structured this way? And why would both the states and Meta go along with having this kind of competitive clause in this decision, in this settlement?