Courts decide such issues and as far as the FCC is concerned your opinion on the matter means zilcho.
Deal with the reality not what you "WISH" were the facts.
Further have you noticed now the argument has morphed from the First Amendment to Rush didn't do it. Sure sign the First Amendment issue is WRONG.
What do your buddies at DailyKos say about it?
I'm with you on the boycott thing not being 1st amendment related, however, I do have a problem (maybe constitutional, still not sure) with the whole thing being led by the slime at Media Matters, which somehow, last I checked, is some kind of "non-profit" entity that pays no taxes.