Judges do the opposite of looking at each case individually. The overriding principle of common law jurisdictions is stare decisis, which is to apply principles consistently according to precedent.

For my part, I look at this as an iterated prisoner's dilemma. I want to live in a society that values fairness and equal protection above all, even when that means conceding things that I would prefer not to concede if I was acting in pure self-interest.

I'll be honest, at a base level it amuses me to see Twitter label NPR as "Government-funded media," and to see NPR get mad about it. But because I want to live in a fair society, I'm willing to set that base feeling aside, and take really seriously the question of whether this is truly fair or merely the petty and arbitrary actions of an unprincipled billionaire.

But this deal only works if the other side is willing to do the same. And I have seen too many rounds of this iterated prisoner's dilemma where the other side is happy to take the W when it benefits them.

If I ally with the people criticizing Musk, but those same people are not willing to cooperate in pursuit of fairness when power benefits them, then I am in the loser quadrant of the prisoner's dilemma. No thanks.

So unless I see critics of Musk appeal to general principles that they are willing to stand up for, across the board, I just get out my popcorn and enjoy the show.