The President expressed an Opinion. He is allowed to do so.
He can even sign a law that sez Rush can be flogged for being on the Radio (After Congress sends it to him) However the supreme court is supposed to rule on such and remove it from the books. (One would hope such a law would never get that far being such would be Unconstitutional on a a number of points)
There are many things this president has done that are unconstitutional, starting with the auto bailouts. he can do anything he wants and until he is taken to task and we get a Supreme Court decision, he can keep on acting unconstitutionally. Republicans have become emasculated by the media, have no political backbone and refuse to sue for justice. Additionally, the president’s “opinion” has a lot more influence and weight than an “opinion” by Rush Limbaugh for example. The president has the power, via his much misused executive orders, to affect all of us. His opinions certainly convey his intentions.
A few years ago, who would ever have thought of so many Czars working outside the influence of anyone except the president. Who would ever have imagined that Congress would pass a major, far reaching takeover by government - Obamacare - without ever putting the bill in writing or have Congress read the bill against the wishes of the majority of Americans. Where is the Supreme Court on that issue? Who would have imagined an unchallenged recess appointment while Congress was still in session? There’s lots more...