Was there ‘intent’?
I’m not sure on proving this one but I would in a Trump FCC begin to heavily fine networks for having pundits on that advocate violent protests, ant-Trump rhetoric or bad language which has become the norm on CNN.
Yes, and they know it. Lawyers, however, cannot.
It is a slippery slope to deal with Freedom of the Press. The Founders had an even more rabid press.
That said, when the press abandons journalistic standards and functions as a super PAC, they cease bring the press and are guilty of campaign financing laws.
Given the wikileaks evidence, a real justice Dept could probably make a case.
From the standpoint of criminal law it is legal.
The Broadcasting/publishing of lies, aka slander/libel, is a civil (tort) issue.
As it should be in a free country.
FCC licenses on all media need to be reviewed.
As always, competition is the answer.
Yes, it is. Libel/slander is difficult to prove when a public figure is involved. The bar is high, but if one can establish actual malice, or wanton and willful disregard for veracity, then the case can be made.
There is no legal case, neither criminal nor civil here.
Surfed today and ended up on red state. shudder.... Felt like I was on DU. They had an article stating Trump thought he might keep obamacare around, and I know that’s a lie.
a) massive unreported in-kind campaign contributions;
b) innumerable counts of mail and wire fraud for publishing opinion and falsehoods as news;
c) conspiracy to commit the same;
d) running a criminal racket
The media outlets should have their assets seized under RICO and their editors and reporters jailed.
A free press is vital to democracy. It would be nice if we had one.
The problem arises in the broadcast arena since they are subject to FCC licenses. The assigned operating ranges are not the permanent, private property of the media companies.
It is the numerous violations of the conditions of the FCC operating licenses that creates their inherent weaknesses, and provides a leverage position for Trump.
Media companies could also be attracted for standard anti-trust reasons, thus providing the rationale for breaking up conglomerates comprised of movie, TV, the press, etc.
Consider a world where each media company would not only be independent, but the TV/radio components were relegated to a 5 year FCC license renewal process via a lottery and/or open auction.
The cacophonous shouting & screaming across the full spectrum of the political process would be a site to be seen. And exactly how the founders' envisioned the political process to play out.
The media did violate campaign finance laws that explicitly state in-kind donations must be reported. Since the Leftist media is a champion of these laws that restrict the First Amendment, they should be hung by the law in an ironic twist.