In previous decisions they have been unanimous that "government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors." It also goes for the "threat of invoking legal sanctions and other means of coercion [...] to achieve suppression."
Melber thinks that if they are consistent then TrumPUS would lose if the Kimmel case gets to them. The Corp though has shown that consistent precedent in law goes out the window when it comes to their immune Presidunce. Even it they keep their spine unanimous for Kimmel, will TrumPUS even give a shit and abide by it since he's going full fascist?
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