Disney/ABC backs down, Jimmy Kimmel to return tonight.

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Didn't we agree, once upon a time, that there was essentially zero chance that the Supreme Court would give Trump broad immunity from criminal prosecution?

I'm just reluctant to assign any strong probabilities in a situation I know nothing about. This really doesn't have a modern precedent, so I don't think we can say zero chance about anything. And this isn't about arguing that a black swan event is technically possible; it's just about having no way to assess the situation in general.

I agree that his show will likely pick up where it left off, but there are a range of outcomes.
Side question. If you were teaching constitutional law today, would you find that difficult with the rapid changes and changing of the rules. Would any textbook be woefully out-of-date. Could a professor confidently claim that anything they teach today will be true tomorrow?

As a layman, it seems like the rules are changing so quickly that the predictability one would rely on is being threatened. Can anyone really say they know what the rule of law is anymore?
 
Side question. If you were teaching constitutional law today, would you find that difficult with the rapid changes and changing of the rules. Would any textbook be woefully out-of-date. Could a professor confidently claim that anything they teach today will be true tomorrow?

As a layman, it seems like the rules are changing so quickly that the predictability one would rely on is being threatened. Can anyone really say they know what the rule of law is anymore?
I definitely feel like so much of what I learned in Con Law nearly 25 years ago has been turned on its head.

When I was taking Con Law, our SCOTUS was Rehnquist, Stevens, O’Connor, Scalia, Kennedy, Souter, Thomas, Ginsberg, and Breyer.
 
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Side question. If you were teaching constitutional law today, would you find that difficult with the rapid changes and changing of the rules. Would any textbook be woefully out-of-date. Could a professor confidently claim that anything they teach today will be true tomorrow?

As a layman, it seems like the rules are changing so quickly that the predictability one would rely on is being threatened. Can anyone really say they know what the rule of law is anymore?
I have no idea how I would teach con law today. The people I know basically teach students, "here's what constitutional law was circa 2016. Nothing that happened after that is worth dwelling on, because it doesn't make any sense." I would not be happy with that approach, but what else is there?

To teach Con Law honestly today would be to say that nothing matters except what the Supreme Court says, and what is says is not grounded in principle or consistency.
 
Side question. If you were teaching constitutional law today, would you find that difficult with the rapid changes and changing of the rules. Would any textbook be woefully out-of-date. Could a professor confidently claim that anything they teach today will be true tomorrow?

As a layman, it seems like the rules are changing so quickly that the predictability one would rely on is being threatened. Can anyone really say they know what the rule of law is anymore?
I can sell you a cheaper text book. It will have one page: whatever Trump wants, SCOTUS will give.
 
I definitely feel like so much of what I learned in Con Law nearly 25 years ago has been turned on its face.

When I was taking Con Law, our SCOTUS was Rehnquist, Stevens, O’Connor, Scalia, Kennedy, Souter, Thomas, Ginsberg, and Breyer.
I was thinking about that the other day. Imagine how difficult it would be to teach Con Law now? No Stare Decisis. No judicial precedent. Just whatever the Dear Leader wants the Court to decide on any given day. Might as well dump the Supreme Court and have all cases decided by King/Chief Justice Trump.
 
I have no idea how I would teach con law today. The people I know basically teach students, "here's what constitutional law was circa 2016. Nothing that happened after that is worth dwelling on, because it doesn't make any sense." I would not be happy with that approach, but what else is there?

To teach Con Law honestly today would be to say that nothing matters except what the Supreme Court says, and what is says is not grounded in principle or consistency.
Con Law you say?

Village People Dancing GIF by de chinezen
 
Maybe Sinclair can evaluate the return of the show and see if the political comedy is a bit more “fair and balanced” for its affiliates’ audience. Can his writers not find anything to poke fun at their side or are Dems beyond reproach?

SNL does it, sure it’s 70/30 poking fun at Rs v Ds, but still….some balance.
Au contraire mon ami, skewering some one who deserves to be skewered IS FAIR AND BALANCED.

Tell me something, which hypothetical country is "Fair and Balanced":
  • Country A: Where 50% of the population is behind bars and 50% walk free with that determination made entirely without regard to guilt or innocence
  • Country B: Where everyone goes free except a minority of people who are jailed after having been adjudicated to have committed a crime using a standard of "beyond reasonable doubt"
We all know country B is fair and balanced. Country A is a shitshow.

Regardless of what anyone thinks of the MAGA policy agenda, it is indisputably beyond a shadow of a doubt true that Trump is a buffoon, and as such deserves to be lampooned.

You want unfair treatment for dear leader, that is what you want. So quit pissing on my leg and telling me it's raining. Get out of here with that weak ass "fair and balanced" shit.
 
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Disney should create an indefinite boycott of Sinclair and Nexstar during Monday Night Football.
I admittedly have absolutely no expertise or insight into this topic, but I do wonder what the affiliate agreements say about either side not running or allowing to run network programming on affiliate stations.

For instance, after a certain period of time, could ABC terminate the contracts with Nexstar & Sinclair over their refusal to show Jimmy Kimmel Live!? Or could ABC refuse to provide highly-rated shows (such as the MNF games on ABC or college football) to Nexstar & Sinclair affiliates as a means to force compliance?
 
Everybody wins!

Sinclair and Nexstar are allowed to refuse to carry the Kimmel show for their affiliate stations; and

Disney gets to "un suspend" the show allowing the NYC and LA (and other large metros) audiences to view the show in order to resume the endless MAGA bashing. I guess we're not in a dictatorship after all. FREEDOM!
 
I admittedly have absolutely no expertise or insight into this topic, but I do wonder what the affiliate agreements say about either side not running or allowing to run network programming on affiliate stations.

For instance, after a certain period of time, could ABC terminate the contracts with Nexstar & Sinclair over their refusal to show Jimmy Kimmel Live!? Or could ABC refuse to provide highly-rated shows (such as the MNF games on ABC or college football) to Nexstar & Sinclair affiliates as a means to force compliance?
I just read up on it very briefly. It would depend on the contract. Usually the contracts provide that the affiliate must carry the network's schedule, except for specific reasons listed in the contract. For instance, regulatory compliance or emergency interruptions. But often the contracts have different rules for different time periods. The networks of course care most about their prime time shows and daytime soap operas, and when I was a kid, they didn't even provide programming from 7:00-8:00 (that I know of) -- syndicated game shows ran in those two half hour spots. Also there would be syndicated cartoons after school.

So "late night" is more valuable than afternoons perhaps, but it's less valuable than prime time. And so some contracts, apparently, have less rigid requirements. Kimmel isn't prime, so maybe it's not a coincidence they picked him. They can't go after anyone in news or prime time or daytime (e.g. not the View)
 
Maybe Sinclair can evaluate the return of the show and see if the political comedy is a bit more “fair and balanced” for its affiliates’ audience. Can his writers not find anything to poke fun at their side or are Dems beyond reproach?

SNL does it, sure it’s 70/30 poking fun at Rs v Ds, but still….some balance.
The late night shows did plenty of poking fun at Kamala and Biden. Right now the right is fully ascendant in power nationally - there's not much to poke fun of the left for at the moment.
 
Everybody wins!

Sinclair and Nexstar are allowed to refuse to carry the Kimmel show for their affiliate stations; and

Disney gets to "un suspend" the show allowing the NYC and LA (and other large metros) audiences to view the show in order to resume the endless MAGA bashing. I guess we're not in a dictatorship after all. FREEDOM!
And MAGA will have continued to destroy any sense of commonality among Americans. We increasingly have no shared reality, and now it's not enough for the cable channels to be off in crazytown; you want to geographically divide us between "woke" and "not woke" regions (I'm sure that's how you'd put it).
 
Everybody wins!

Sinclair and Nexstar are allowed to refuse to carry the Kimmel show for their affiliate stations; and

Disney gets to "un suspend" the show allowing the NYC and LA (and other large metros) audiences to view the show in order to resume the endless MAGA bashing. I guess we're not in a dictatorship after all. FREEDOM!
Son: Hey Dad, did you see that hilarious segment on Kimmel last night where Guillermo sabotaged Matt Damon's car?
Dad: Nope. Sounds hilarious though.
Son: You didn't watch?
Dad: No, I live in the broadcast region of Sinclair. They aren't showing Kimmel.
Son: You live in Omaha!
Dad: Exactly. And nobody around here ever knew or cared who owned our local TV stations. Now, it's going to be another identity factor.
Son: Yeah, it makes me not want to move back to Omaha if my local TV stations are going to be fascists
Dad: Friend of mine is moving in three months; he's searching the internet trying to find the markets where the stations won't boycott over stupid shit.
 
I stole this list of ABC affiliates owned by Nexstar and Sinclair from Reddit

Nexstar stations
StationMarketMarket size
WKRNNashvile, TN26
KTVXSalt Lake City, UT28
WTNHHartford, CT32
WHTMHarrisburg, PA42
WOTVBattle Creek/Grand Rapids, MI*43
WGNONew Orleans, LA50
WRICRichmond, VA56
WATEKnoxville, TN60
WTENAlbany, NY62
WSYRSyracuse, NY88
WVNYBurlington, VT93
WJHL DT-2Johnson City, TN (Tri-Cities TN/VA)101
WJBFAugusta, GA108
WEHTEvansville, IN109
WLAJLansing, MI117
WYTVYoungstown, OH118
WTVORockford, IL137
KAMCLubbock, TX140
KTKATopeka, KS141
KMIDOdessa/Midland, TX144
KCAUSioux City, IA149
WMBBPanama City, FL148
KODEJoplin, MO151
WJETErie, PA154
WAWVTerre Haute, IN159
WIVTBinghamton, NY162
WTRF DT-3Wheeling, WV163
KSVIBillings, MT165
WDHNDothan, AL170
WUTRUtica, NY171
WBOY DT-2Clarksburg/Morgantown, WV172
WWTIWatertown, NY179

Sinclair stations
StationMarketMarket size
WJLAWashington, DC8
KOMOSeattle, WA13
KATUPortland, OR23
KDNLSt. Louis, MO24
WSYXColumbus, OH35
WLOSAsheville, NC/Greenville, SC36
WBMABirmingham, AL45
WXLVGreensboro/Winston-Salem, NC46
WEARMobile, AL/Pensacola,FL57
KATVLittle Rock, AR58
KTULTulsa, OK61
WKEFDayton, OH64
WSETRoanoke, VA70
WHAMRochester, NY79
WCHSCharleston/Huntington, WV82
WCIVCharleston, SC85
WTVCChattanooga, TN86
WPDEMyrtle Beach, SC97
WCTIGreenville/New Bern, NC102
KHGI*Kearney/Hastings/Grand Island/Lincoln, NE107
WATMJohnstown/State College/Altoona, PA112
WGTUTraverse City/Cadillac/Sault Ste. Marie, MI116
WGXA DT-2Macon, GA119
KVIIAmarillo, TX132
KRCRChico/Redding, CA136
KTXSAbilene, TX166
KAEFEureka, CA196
 
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