Excited to present today; any folks who know me online and want to meet offline, come say hello!

Pushing back on the administration’s systematic assault on our institutions, including its sustained efforts to chill and punish speech it dislikes, will require civic action beyond the courthouse.

I also think it's worth emphasizing a related yet larger point: what ABC and the FCC did on Wednesday is just one part of a much broader attack on civil society. And it maps onto arguments from political scientists that the U.S. has formally backslid into "competitive authoritarianism."

In short, given the FCC Chairman's pre-suspension comments, the merits brief basically writes itself: Carr's statements amount to a textbook case of a government official coercing or "jawboning" a private intermediary into "substituting the government's editorial choices for its own."

In theory, Kimmel could tell a fairly straightforward First Amendment story. The government expressly pressured ABC into suspending his show, and that's foreclosed by NRA v. Vullo.

Here's the relevant analysis from Genevieve and evelyn (h/t @slukemorgan.bsky.social).

I submitted a letter to the editor in response.