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In a landmark ruling announced Monday morning, the U.S. Supreme Court overturned a landmark precedent known as Humphrey’s Executor, giving the President vastly more control an authority over federal agencies like the SEC, FTC and FCC.
The ruling, Trump v. Slaughter, was about an FTC commissioner, Rebecca Slaughter, who was terminated from her position by President Trump without cause. The court, in a 6-3 decision written by Chief Justice John Roberts (with the three Democratic appointees dissenting) ruled that the firing was legal, overturning the 91-year old precedent in the process.
The decision will inevitably have consequences for business in the media, entertainment technology space, with the FTC and FCC taking active roles in regulating those areas (not to mention the SEC, among other agencies).
But it is a concurring opinion by Justice Neil Gorsuch that may be of most interest to Hollywood: He cites FCC Chairman Brendan Carr’s public criticism of ABC late night host Jimmy Kimmel as evidence that the agency may have too much power, while warning of the “implications” of the decision.
