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My bad. Was trying to express "this must be illegal ∴ I'm surprised CBS would go for this", not "this must be illegal ∴ Colbert shouldn't have done it and Tucker's in the right."
And meanwhile, the earliest responses I got to my comment seemed to indicate that folks were downvoting me because they thought I was wrong about it being illegal.
At this point, I suspect the purportion of folks who downvoted me because they think I'm wrong about it being illegal versus those who downvoted me because my post did kinda sound like I was condemning Colbert for breaking "The Rules(tm)" might be around 50/50.
(While I'm at it, I'm under no illusion that the law is magic and there's an objective answer that isn't influenced by a complex intermix of corporate interests, politics, and the judge's own predilections to the question of whether it's "illegal". What I mean by "illegal" in this case is just that if a lawsuit was brought and it wasn't settled out of court, it's (IMO) pretty certain the courts would find in favor of Tucker.)