What Trump’s nominee said last year during a hearing could send shivers down the spines of broadcasters and other copyright holders. One of the best examples of how Kavanaugh might act on the Supreme Court is a case that never actually resulted in an opinion. It was also a case that held enormous significance to the television industry. That’s Fox Television Stations v. FilmOn.TV Networks, which was heard at the D.C. Circuit Court of Appeals in March 2017.
After the hearing, Neal Katyal, the attorney for the broadcasters not to mention the former Acting Solicitor General, called the two-hour event the “longest oral argument of my life.” This might explain why the broadcasters then chose to settle the case rather than risk a disastrous ruling.