Guest: John Bergmayer of Public Knowledge; Also: Migrant worker round-up begins in CA; Judge blocks Trump order to end birthright citizenship...
By Brad Friedman on 1/23/2025, 6:12pm PT  

When we allow a felon to become President of the United States (thanks, in no small part, to extreme rightwing activists on the Supreme Court ignoring and rewriting the 14th Amendment), it's not surprising that he'd quickly begin violating laws and undermining the U.S. Constitution. When that felon also hopes to be a dictator, we certainly shouldn't be surprised that one of his first targets is the Constitution's landmark guarantees of a free press, as discussed on today's BradCast. [Audio link to full show follows below this summary.]

FIRST... Unfortunately, the First Amendment isn't the only one Donald Trump is hoping to dismantle. According to nonprofit news outlet CalMatters, ICE has already begun rounding up migrant workers in Central California, resulting in about 75% of farm-workers staying home this week during peak harvest season for oranges and other produce in America's "Salad Bowl". If that continues longer term, economists are predicting "absolute economic devastation" locally, skyrocketing food prices and shortages across the country nationally, along with a "recession-level event if this is the new long-term norm."

In related news, Trump's Executive Order signed on Monday, seeking to redefine, by fiat, the text and clear meaning of the 14th Amendment's very first sentence establishing birthright citizenship to anyone born here, regardless of the citizenship status of the parents, ran into its first legal roadblock in Court on Wednesday. A Reagan-appointed federal judge declared today that the Order "boggles the mind," calling it "blatantly unconstitutional". He temporarily paused the Order nationwide in the first of five different challenges brought by 22 state Attorneys General. If allowed to be enacted, as one of the challengers argued in court today, it would "impact hundreds of thousands of citizens nationwide who will lose their citizenship under this new rule."

THEN... Trump doesn't seem to much care for the First Amendment either. And, shamefully, a number of mainstream broadcast news outlets owned by major corporations have been all too eager to help him dismantle it. See Disney-owned ABC News' pathetic agreement in December to settle Trump's absurdly frivolous lawsuit with blatantly unconstitutional claims. Instead of fighting the defamation suit, they agreed to contribute $15 million to Trump's Presidential Library fund. See also the reports last week that Paramount-owned CBS News is in talks to do the same thing over another ridiculous complaint that 60 Minutes edited an interview with Kamala Harris in a way that Trump didn't like.

While those outfits are settling private lawsuits, Trump's new Federal Communications Commission Chair, Brendan Carr is weaponizing the FCC to go after the same news outlets. Last week, President Biden's outgoing Chair dismissed several specious complaints against ABC, CBS and NBC that echoed Trump's private lawsuits, declaring "the FCC should not be the President's speech police" and that "the FCC should not be journalism's censor-in-chief." This week, however, the newly seated Carr un-dismissed those complaints (if not the ones against a Fox affiliate, for some reason).

We're joined today by JOHN BERGMAYER, the Legal Director at good government group Public Knowledge. He charges that "Chairman Carr has made it plain he intends to weaponize the FCC to threaten political speech and news coverage he disagrees with." You're not surprised right?

"We have things like defamation law against a public figure, but you can't just prove that they are wrong, or you disagree with them, or they're being unfair or 'mean to me'. You have to prove they are 'actively deciding to harm me' through conscious deception," Bergmayer explains today. "That's a very hard standard to meet. I don't think any of these cases meet the very tough requirements for the FCC to decide in the complainants favor."

He also adds: "It's really notable that Chairman Carr did not reinstate a complaint that was against a Fox affiliate in Philadelphia, that was based on the Fox affiliate airing information that it knew, that was judged to be, defamatory."

"It really is a troubling sign that the current Chairman views these regulatory tools as a means to advance his cultural and partisan agenda," Bergmayer tells me. "What's particularly disturbing is that the Chairman wants to pick fights with the First Amendment rights of broadcasters or use dubious theories of law to go after perceived slights by Big Tech."

We also discuss the 6th U.S. Circuit Court of Appeals' ruling earlier this month that appears to end the FCC's ability, as a federal agency, to ensure Net Neutrality and an Open Internet (not that Trump or his FCC would have any particular interest in doing so.)

FINALLY... Desi Doyen joins us for our latest Green News Report, following an unprecedented blizzard in the U.S. South; yet another new, climate-changed fueled fire amid record dry weather here in L.A. County; Trump's delusional claims about California's water supply; and more...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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