As SCOTUS said in Miami Herald v. Tornillo, the press (in that case newspapers) do lie, but 1A prohibits gov't regulation of the press.
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Further, in US v. Alvarez, SCOTUS held that 1A does protect false speech, unless it falls into long-standing exceptions like defamation, because to do otherwise would give the gov't too much power that they could abuse. Shit, Trump would definitely abuse it with the "fake news" outlets he hates.
aug 26, 2025, 7:29 pm • 1 0 • view
The only brainless thought is that "news media" has lesser 1A rights than any other media or private entity. In Netchoice v. Moody and other cases, SCOTUS has made clear that they all have the same 1A rights, subject to limited exceptions. And there is no "news media" exception.
aug 26, 2025, 7:34 pm • 1 0 • view
Wrong. Media do have different standards than everyone else. Without those standards, the media becomes nothing but a propaganda machine, which is exactly what the US legacy media have become.
aug 26, 2025, 8:22 pm • 0 0 • view
No, I'm absolutely correct. The media does NOT have different legal standards than everyone else does. I've pointed out the cases that make that clear. Plus, when 1A was ratified, the media was just as much as a "propaganda machine." It was just as biased and full ...
aug 26, 2025, 8:26 pm • 0 0 • view
of misinformation as it is now. Thomas Jefferson famously complained that the well-informed citizen was one who DIDN'T read the newspapers. But he completely defended 1A prohibiting prohibition of the media.
aug 26, 2025, 8:27 pm • 0 0 • view
In Jefferson's time most people who weren't wealthy landowners could barely read, and had minimal access to any sort of news that wasn't local. Times have changed a lot, though the education level of americans has returned nearly to the colonial times.
aug 26, 2025, 8:30 pm • 2 0 • view
Otherwise no republican would get elected anywhere...
aug 26, 2025, 8:31 pm • 0 0 • view
In Jefferson's time, only the wealthy landowners could vote. So your comment is irrelevant. Further, I was showing that 1) the "loophole" that you claimed existed (that cable channels were not regulated) applied to newspapers then and 2) the "news media" is not subject to different 1A standards.
aug 26, 2025, 8:35 pm • 0 0 • view
To the extent that media outlets apply journalistic ethics or standards (which really only came about in the early 20th century), they have always done so voluntarily. The gov't has never placed such ethical rules on them. Because as a very liberal SCOTUS said, 1A prohibits it.
aug 26, 2025, 8:37 pm • 0 0 • view
The liberal Justice Kagan also made clear last summer that even when technology and the media changes, 1A protections for them do not.
aug 26, 2025, 8:38 pm • 0 0 • view
Over the past decade and more, whenever SCOTUS has prohibited gov't action under 1A, it has almost always been done with the liberals on board recognizing SCOTUS rights. It's been the MAGA Justices like Alito or Thomas (who wants to get rid of NYT v Sullivan) who have frequently been against it.
aug 26, 2025, 8:41 pm • 0 0 • view