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Brian Kemper @bwkemper.bsky.social

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.

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aug 26, 2025, 8:27 pm • 0 0

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Rakesh Malik 🇨🇦 @winterlightstudios.bsky.social

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
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Rakesh Malik 🇨🇦 @winterlightstudios.bsky.social

Otherwise no republican would get elected anywhere...

aug 26, 2025, 8:31 pm • 0 0 • view
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Brian Kemper @bwkemper.bsky.social

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
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Brian Kemper @bwkemper.bsky.social

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.

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aug 26, 2025, 8:37 pm • 0 0 • view
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Brian Kemper @bwkemper.bsky.social

The liberal Justice Kagan also made clear last summer that even when technology and the media changes, 1A protections for them do not.

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aug 26, 2025, 8:38 pm • 0 0 • view
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Brian Kemper @bwkemper.bsky.social

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