Meet Kevin Sues CNN Parent for Refusing Him a License to Cover Debate
Digital media company Meet Kevin sued CNN parent Warner Bros. Discovery for refusing to offer social media companies broadcast licenses for the CNN presidential debate that was set for Thursday between President Joe Biden and former President Donald Trump, said an antitrust complaint Thursday (docket 2:24-cv-05441) in U.S. District Court for Central California.
CNN refused to grant Kevin Paffrath, an online political analyst and commentator who uses the moniker Meet Kevin, streaming and commentary rights to the debate, said the complaint. Paffrath, who is licensed as a real estate broker and financial adviser, promoted his “commitment to thorough public discourse by providing live coverage and commentary for over 10 hours during the January 6, 2021 event,” which he said “highlights the value and necessity of making his insights accessible to the public for major political events.”
Paffrath reached out to CNN Wednesday by phone and email, requesting a streaming and commentary license to provide “critical commentary and analysis to its substantial audience” of over 2 million subscribers on YouTube and X.com, said the complaint. Despite “multiple attempts,” CNN didn’t respond or engage in “meaningful discussions” about the request, it said.
The plaintiff asserts that CNN’s refusal to grant him a license for the Thursday debate is “monopolistic behavior” that “restricts public discourse, and violates principles of fair competition and public interest.” By denying Meet Kevin a license to broadcast the debate, CNN impedes his “ability to engage in transformative use of the debate content for public commentary and educational purposes, which is protected under the fair use doctrine,” the complaint alleged.
On information and belief, CNN “refuses to grant any social media content creator a broadcast/streaming license, even if the creator agreed to follow the rules" it set for other networks that did receive licenses, alleged the complaint. CNN also denied YouTube content creators “Breaking Points” and Tim Pool under the threat it would file a Digital Millennium Copyright Act takedown request on social media platforms if they attempted to stream and cover the broadcast, the complaint said.
Paffrath asserts CNN’s control over the presidential debate broadcast rights “restricts freedom of the press to a select few major corporations of its choosing, undermining the democratic principle of a free and diverse press.” The complaint said it isn’t the first time CNN has restricted Paffrath’s freedom of speech, citing the California gubernatorial recall election campaign, in which the plaintiff “was a leading candidate.” CNN "falsely" said no Democrats were competing against Gov. Gavin Newsom (D); Paffrath maintained he garnered “27% of the replacement vote.” CNN updated its report after Fox News published that the recall race made no mention of Paffrath, said the complaint.
CNN’s control over the presidential debate and its refusal to grant streaming rights to independent media “constitute monopolistic behavior, which harms public discourse and restricts the free flow of diverse and antagonistic sources of information, which are essential for a democratic society," the complaint said. If CNN is allowed to proceed, Paffrath and other online political commentators will suffer “irreparable harm and damage,” it said.
Paffrath claims unfair competition under the FTC Act, plus violations of the Communications Act and the Sherman acts, and violations of the public forum doctrine and public policy. He seeks damages and future damages, pre-judgment interest, attorneys’ fees and costs, and orders permanently enjoining CNN from engaging in the alleged misconduct. It also requested that CNN be required to submit a report within 30 days detailing how it complied with the judgment, it said.