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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

 

By Shruthi Krishnamurthy

Good morning. Today, we examine whether ABC's decision to pull Jimmy Kimmel's show off the air after his remarks on Charlie Kirk's assassination infringes on the late-night host’s free speech rights. Plus, in this week’s Billable Hours, our colleagues David Thomas and Mike Scarcella examine FARA filings revealing Arnold & Porter's work for Brazil ahead of a potential legal challenge to Trump-era tariffs. And, the USPTO has a new head.  Here are some of our oddest photos of the week. Let's dive in!

 

Were Jimmy Kimmel's free speech rights violated?

 

REUTERS/Mike Blake

TV broadcaster ABC’s suspension of "Jimmy Kimmel Live!" following the late-night host’s remarks about Charlie Kirk's assassination has sparked debate over free speech. Here's what to know:

  • Kimmel suggested on his show that Kirk's shooter was a Trump supporter and said "the MAGA gang" was "doing everything they can to score political points" from Kirk's assassination. More on that here.
  • Brendan Carr, the head of the FCC, on a podcast hosted by conservative commentator Benny Johnson said that Kimmel's remarks were part of an effort to lie to the American public and he was looking at "remedies."
  • Courts have held that the First Amendment protects free speech from government interference, including when the government pressures third parties to censor. A 1963 U.S. Supreme Court ruling barred the government from creating "informal censorship" through private actors.
  • While government authorities can criticize free speech, they cannot use their authority to suppress it. Legal claims would likely hinge on whether Carr’s comments constituted a threat to ABC's broadcast license.
  • Kimmel could sue ABC or the FCC for free speech violations, but winning would likely be an uphill battle. Additionally, he could also pursue claims against ABC for breach of contract or employment law violations.
  • Could viewers sue? And does ABC have the legal right to cancel shows? Find out more here.
 

Coming up today

  • Luigi Mangione is due to file legal papers urging a judge to prevent the government from seeking the death penalty in his criminal case on charges of murdering UnitedHealth insurance executive Brian Thompson.
  • Sean "Diddy" Combs' defense lawyers are due to submit a court filing outlining the sentence they believe the hip-hop mogul deserves for his conviction on charges of transportation to engage in prostitution.

Court calendars are subject to last-minute docket changes.

 

More top news

  • Key parts of Trump's economic agenda now in Supreme Court's hands
  • US Senate confirms Trump's pick to run US Patent and Trademark Office
  • As Senate goes 'nuclear,' dozens of Trump nominees are confirmed
  • Texas governor signs bill cracking down on mail-order abortion pills
 
 

Industry insight

  • Filings under the Foreign Agents Registration Act shed new light on Arnold & Porter's representation of the Brazilian government, after the South American country hired the law firm last month ahead of a potential legal challenge to the Trump administration's tariffs. More in this week's Billable Hours.
  • A partner at London-based Carter-Ruck is facing disciplinary proceedings for allegedly making an improper legal threat on behalf of fraudulent cryptocurrency business OneCoin and its fugitive founder Ruja Ignatova. Read more here. 
  • Moves: Emerging companies and venture capital partner Joshua Cook joined Lowenstein Sandler from Goodwin … Nelson Mullins hired corporate partner Timothy Mann, Jr., from Jones Day … Energy regulatory partner C.J. Polito joined Vinson & Elkins from Sidley Austin … McGlinchey added consumer finance partner Andrew Wein from Greenberg Traurig … Alston & Bird recruited IP litigation partner Devon Beane from K&L Gates.
 

$16,000

That's the guaranteed scholarship Santa Clara University School of Law in California will provide to all incoming students for each of their three years at the school—an amount intended to ensure they can cover full tuition with federal student loans after a new loan cap takes effect in 2026. Santa Clara Law’s new PLEDGE Scholarship appears to be the first public initiative by a U.S. law school to address the impending federal loan caps adopted in July as part of President Trump’s budget bill. Read more.

 

In the courts

  • The U.S. Supreme Court will hear Trump's tariffs case on November 5. The Trump administration has also asked the high court to let him proceed with firing Federal Reserve Governor Lisa Cook.
  • The FTC and seven states are suing Live Nation and its ticketing arm Ticketmaster for tacitly allowing ticket brokers to scoop up millions of concert tickets and sell them to fans at a significant markup, the agency said. Learn more.
  • Judge Timothy Kelly ordered the Trump administration to refrain from deporting Guatemalan unaccompanied migrant children with active immigration cases while a legal challenge plays out. Read the opinion.
  • Meta Platforms' former COO Sheryl Sandberg said in a court filing that she should not be forced to testify at a trial next month in San Francisco, where a group of advertisers is seeking billions of dollars in damages from the tech giant. Read more here.
  • Moderna settled related lawsuits that accused it of misusing Alnylam Pharmaceuticals' patented technology in