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To: abb
While I have reservation for the “law” and “courts,” a proactive move would at least be a form of attack.

And we need to attack every day all day.

The courts are the only place where facts and logic are supposed to prevail. Everyone else is openly political; at least the courts are embarrassed by facts and logic when they ignore them.

I am not urging a remedy nearly as radical as the ill which I propose that the court address. You and I know how destructive Homogenous Journalism is. And I think that a lawyer could point to a Supreme Court case in which the linchpin of Homogeneous Journalism - the AP - has been found to be in violation of the Sherman Antitrust Act. But I propose no more of a remedy than that the Court state that the government has no authority to treat Punch Sulzberger as the establishment, but must respect the First Amendment rights of Jim Robinson and Rush Limbaugh on exactly the same basis that it respects the First Amendment rights of Punch Sulzberger.

That remedy would entirely delegitimate McCain-Feingold because that "law" would deprive you and me of rights which it would respect in the case of Homogeneous Journalism. It codifies the imposture of Homogenous Journalism that only it is "the press." "Freedom of the press" is a right of the people, not of the unborn (as of the writing of the First Amendment) Associated Press and Punch Sulzberger.


65 posted on 11/22/2008 6:53:06 AM PST by conservatism_IS_compassion (We already HAVE a fairness doctrine. It's called, "the First Amendment." Accept no substitute.)
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To: conservatism_IS_compassion
To the extent it would showcase a logical argument, I think taking it to court could a good idea.

But I'm not so sanguine about a decision that would be favorable to us. I don't know if that would happen, but the risk is there. If we pick a court fight, we better be sure we would win, otherwise we're worse off.

I must disclose that my opinion of "The Law" has become a bit more jaded over the past 2 1/2 years after being exposed intimately to North Carolina's "judicial system" and its behavior during the Duke Lacrosse Frame. And this from a native of Louisiana, once the gold standard for political/legal corruption.

All this is about power. Raw power. Homogeneous Journalism™ once had it all. The MSM easily had as much power as elected government at any level. Then they became an extension and enabler of government once they agreed to share power. Sort of a 'peaceful coexistence.'

And now they're facing a degradation of that power.

I think we have the technological tools to debate them and win. What is lacking is the conviction of most of our conservative "leaders."

66 posted on 11/22/2008 7:12:46 AM PST by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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