Stuart Benjamin

William Van Alstyne Distinguished Professor of Law and co-director of Duke Law School’s Center for Innovation Policy. He specializes in telecommunications law, the First Amendment, and administrative law, and served as the FCC’s first Distinguished Scholar from 2009 to 2011.

ABC Challenges FCC Inquiry as Retaliation for Editorial Decisions

ABC argues that the FCC’s inquiry into its broadcast licenses is already inflicting the constitutional injury it fears: millions in legal costs and programming changes, including its decision to stop inviting political candidates onto The View. Stuart Benjamin, Eugene Volokh, and Jane Bambauer examine ABC’s claim that the agency is using ostensibly neutral concerns about employment practices and political-programming rules to retaliate against coverage officials dislike. The case tests whether courts must wait for final agency action when the regulatory process itself is alleged to be the punishment.

Hoover InstitutionSep 1, 202614 min read