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The thread title is completely misleading. Trump said that he wants to make it easier to sue a newspaper that publishes a completely libelous article (kind of like this thread title). I agree 100 percent. Libel isn't protected by the 1st amendment, btw.
The thread title is completely misleading. Trump said that he wants to make it easier to sue a newspaper that publishes a completely libelous article (kind of like this thread title). I agree 100 percent. Libel isn't protected by the 1st amendment, btw.
The standard for suing a newspaper was decided in the Supreme Court case New York Times Co. v. Sullivan, 376 U.S. 254 (1964). In that case, it was decided that a newspaper can be sued for libel if the newspaper in actual malice.
The court held that:
Quote:
We hold that the rule of law applied by the Alabama courts is constitutionally deficient for failure to provide the safeguards for freedom of speech and of the press that are required by the First and Fourteenth Amendments in a libel action brought by a public official against critics of his official conduct. 4 We [376 U.S. 254, 265] further hold that under the proper safeguards the evidence presented in this case is constitutionally insufficient to support the judgment for respondent.
In other words, a public official cannot sue for libel for journalists reporting on their conduct as officials of the government. That is correct and that is against what Trump wants. What Trump wants is immunity from criticism -- a principle antagonistic to the meaning of the First Amendment protection of the press. As the court further ruled, "The question before us is whether this rule of liability, as applied to an action brought by a public official against critics of his official conduct, abridges the freedom of speech and of the press that is guaranteed by the first and Fourteenth Amendments."
If the above was directed at the OP, me, I already know quite a bit about the topic. Thank you very much. If you are making a point, please make it, instead of directing to a link.
In my view, there is no problem that needs fixing, with regard to libel and public figures. As it stands, newspapers are free to both report and criticize the conduct of public figures to the extent that it is not done with malicious intent. That's a proper interpretation of the First Amendment protection. As a check on government officials, we don't want officials using the fear of libel suits to muzzlethe press' criticism of official behavior. The public interest is best served when the press is free.
As it applies to Mr. Trump, it appears he wants his cake and to be able to eat it too. He wants the freedom to say the most distasteful and defamatory statements about people HE doesn't like but he wants to be protected from the press for reporting on him. That viewpoint is contrary and repugnant to our constitution.
He must be reading Hugo's Chavez biography too. There are also at this moment several presidents in Latin America who want to limit freedom of speech. I have seen several interviews with ecuador's president Correa and he has been saying for years what Trump is saying now.
Is their some truth in their words? Sure you have to be really naive to think big money does not control the media. However as bad as it is, having the government control the media is a million times worse because while big corporations can brainwash you, the government not only can brainwash you too but they also have the power to throw you in jail.
Interesting, as one of the principles of fascism is forcibly suppressing opposition and criticism.
The fact that Trump quotes Mussolini is also telling of his latent side.
Quote:
Originally Posted by Sugah Ray
Sure you have to be really naive to think big money does not control the media. However as bad as it is, having the government control the media is a million times worse because while big corporations can brainwash you, the government not only can brainwash you too but they also have the power to throw you in jail.
That's exactly why Trump's idea that making it possible for government officials to sue newspapers is such an affront to our freedoms.
What I have noticed is that most governments whether they lean left or right want to increase their power. They love to play the victim card and accuse the press of vilifying them so they can pass legislation that would limit what the press says about the government.
Citizens really need to watch their freedoms and not let fear(Patriot Act) or political fanaticism cloud their judgment.
It is actually very sad that it is the Republican Party, the party who is supposed to believe in "small government" the party that is falling for this nonsense.
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