Timestamps:
00:00 Intro
00:57 Does the DOJ have a viable case against James Comey?
04:51 “True threats” and Comey’s case
06:36 Threats against U.S. presidents and Watts v. United States
09:55 Was it a mistake for Comey to take down the “8647” seashell image?
11:18 Can the case be dismissed before it goes to trial?
12:38 Can Comey’s case be considered a selective prosecution?
13:23 Is the process itself a punishment?
15:29 Could prosecutors face consequences for bringing this case?
18:07 Examples of true threats
20:35 “True threat” versus “incitement to imminent lawless action”
22:53 Is it still a “true threat” if charges come a year later?
24:32 Can Comey recover his legal fees?
25:34 Do threats become more real in the wake of other active threats?
26:32 Does the First Amendment differ for speech about the president?
30:06 What’s going on with the FCC and ABC?
34:20 What do NRA v. Vullo and the FCC’s calls to fire Jimmy Kimmel have in common?
35:17 Why does broadcast licensing exist in the internet age?
36:51 Have past presidents historically influenced broadcast licensing?
38:33 Is the Fairness Doctrine still in effect?
40:30 What can ABC do if the FCC takes away their licenses?
42:40 Will ABC fight back?
46:01 Has broadcast media regulation always been a frustration for 1A advocates?
49:20 Humphrey’s Executor & content-based regulation
50:58 Is the FCC independent from the executive branch?
51:45 The past 18 months of FCC action
52:15 Outro
Joining us:
Conor Fitzpatrick, supervising senior attorney
Aaron Terr, director of public advocacy
Bob Corn-Revere, chief counsel
