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Stuart Benjamin

Stuart Benjamin

American film producer

Sep 1, 2026

2:09
Sure.
2:10
So, Eugene, you're right in your opening on the basic outlines here.
2:17
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.
2:39
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.
2:50
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.
3:00
We talked about that in our last podcast.
3:04
I won't go over that again.

5 MINS LATER

8:14
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.
11:59
And what kind of read would you gauge from their approach to this litigation for their approach to the other litigation?
12:04
litigation?All right, but, but, but these were the big cases.
12:08
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.
12:18
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.
12:24
Um, but the, the, those are gonna be in, in, in, in the millions, not the billions.
12:29
Um, and probably not, and probably not the, the high billions.
12:32
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.
13:05
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?

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