Taking an academic approach to people who want you dead seems rather unwise. Kimmel is an employee of the network, he pushed a vile hoax, and there is no downside to enforcing regulations the democrats love so much and making ABC defend against them. Perhaps ABC’s lawyers will echo your arguments and win but I believe it worth the effort. Worst outcome is a court precedent weakening a regulatory body.
“there is no downside to enforcing regulations the democrats love so much and making ABC defend against them.”
But of course there is downside and that is the whole point of objecting to our government shooting from the hip and leaving itself open to committing the very same lawfare outrages that were done against us.
We have just abandoned the high ground of our First Amendment sacred safeguard of free speech.
See my reply of some days ago:
https://freerepublic.com/focus/chat/4342012/posts?page=5#5