Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
19 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
I don't know how it would be carried out, but couldn't there be a cease and desist order (Original Post) Sogo Mar 2023 OP
No. WhiskeyGrinder Mar 2023 #1
SMH inthewind21 Mar 2023 #2
There is nothing criminal about lying to the public. Chainfire Mar 2023 #3
To me, it's voter fraud... defrauding the voting public. Karadeniz Mar 2023 #18
The First Amendment is a double edged sword. Chainfire Mar 2023 #19
No. Ocelot II Mar 2023 #4
But Trump's speech prior to the Trump Insurrection does indeed meet the test. lees1975 Mar 2023 #8
Not really Zeitghost Mar 2023 #9
The OP's question is about statements made by Fox News, Ocelot II Mar 2023 #11
Thank you for your detailed answer, as opposed Sogo Mar 2023 #12
i think there should be a class action lawsuit samnsara Mar 2023 #5
Based on what legal theory? Ocelot II Mar 2023 #6
I gotta ask one question here, if you would. bluestarone Mar 2023 #14
That would be a tough case, since the obvious defense would be Ocelot II Mar 2023 #16
TY! bluestarone Mar 2023 #17
No DetroitLegalBeagle Mar 2023 #7
No, there is no loophole to the First Amendment that will allow you to suppress speech tritsofme Mar 2023 #10
It's not that I just "don't like" it; Sogo Mar 2023 #13
I wonder if those canetoad Mar 2023 #15

Chainfire

(17,471 posts)
3. There is nothing criminal about lying to the public.
Tue Mar 7, 2023, 04:17 PM
Mar 2023

As the Jan. 6 insurrectionists have found out, it is illegal to act on the lie.

The Civil courts may accomplish what the criminal courts can't.

Chainfire

(17,471 posts)
19. The First Amendment is a double edged sword.
Tue Mar 7, 2023, 08:04 PM
Mar 2023

And we should tread very lightly in suggesting that it be blunted.

Ocelot II

(115,601 posts)
4. No.
Tue Mar 7, 2023, 04:19 PM
Mar 2023
Brandenburg v. Ohio says the First Amendment protects any speech that doesn't meet the test of being intended to incite imminent lawless action. In other words, the incitement has to be specific and immediately meant to cause an unlawful act. What Fox does might be considered stochastic terrorism, but it lacks the specificity needed to take it outside the coverage of the First Amendment.

lees1975

(3,840 posts)
8. But Trump's speech prior to the Trump Insurrection does indeed meet the test.
Tue Mar 7, 2023, 05:23 PM
Mar 2023

So why is he still walking around free, campaigning for a second term? He should be arrested, indicted, convicted and in jail by now.

Ocelot II

(115,601 posts)
11. The OP's question is about statements made by Fox News,
Tue Mar 7, 2023, 05:38 PM
Mar 2023

not about what TFG said before the 1/6 insurrection. A court or a jury will have to decide whether TFG's statements met the Brandenburg test, but Fox's don't. However, defamation is not not protected by the First Amendment, which is why Dominion is suing them and probably will win.

Sogo

(4,986 posts)
12. Thank you for your detailed answer, as opposed
Tue Mar 7, 2023, 06:10 PM
Mar 2023

to the curt "no" answers from others. I was looking for the legal reasoning. Thank you.

bluestarone

(16,864 posts)
14. I gotta ask one question here, if you would.
Tue Mar 7, 2023, 06:40 PM
Mar 2023

Why couldn't EVERYONE of the Jan 6th TRAITORS (that were imprisoned) sue FOX news? (i truly HATE these traitors, BUT would they have standing?)

Ocelot II

(115,601 posts)
16. That would be a tough case, since the obvious defense would be
Tue Mar 7, 2023, 06:52 PM
Mar 2023

that they failed their due diligence, given that there were 60+ lawsuits before 1/6 that found there was no election fraud, and that every other news outlet provided the truth. They acted of their own volition and made no effort to determine what the truth was; they just assumed Fox was giving it to them. If I'm going to set out to invade the Capitol and hang the Vice President, I'm going to be damned sure I've got a solid factual basis for it first. Also, there's case law to the effect that news outlets don't have to tell the truth as long as they aren't defaming anyone. https://casetext.com/case/wash-league-for-increased-transparency-ethics-v-fox-news

bluestarone

(16,864 posts)
17. TY!
Tue Mar 7, 2023, 06:57 PM
Mar 2023

I was thinking some of them were in contact with TFG, and his lawyers as well. (the groups that were so-called patriots)

tritsofme

(17,371 posts)
10. No, there is no loophole to the First Amendment that will allow you to suppress speech
Tue Mar 7, 2023, 05:31 PM
Mar 2023

you don’t like.

Sogo

(4,986 posts)
13. It's not that I just "don't like" it;
Tue Mar 7, 2023, 06:13 PM
Mar 2023

it's that it has caused real harm to other individuals who acted on their lies and real harm to our country and our form of government.

canetoad

(17,136 posts)
15. I wonder if those
Tue Mar 7, 2023, 06:44 PM
Mar 2023

Injured, or the families of the dead have standing to sue. Would something similar to A.Jones and Sandy Hook apply here?

Latest Discussions»General Discussion»I don't know how it would...