GOP lawmaker offers bills to formally recognize CNN, Washington Post as 'fake news'

The Washington Times ^ | Thursday, January 30, 2020 | Andrew Blake

[EQAndyBuzz]

But Buckethead Cohen will still be reelected.

[FreeReign]

It’s still a bill of attainder. Barred in the Constitution.

It's not a bill of attainder. Sure CNN is being singled out, but there is no punishment.

[Spktyr]

A bill of attainder does not require a punishment to be a bill of attainder. Long settled case law.

[FreeReign]

A bill of attainder does not require a punishment to be a bill of attainder. Long settled case law.

Regardless of whether settled case law is as you say, the legal definition, both back in the day and today, says otherwise.

For example, Here's Renquist's use of the term.

"These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment." - William H. Rehnquist

And there are many similar usages of the term going back to our Founders.

In this case, the TN lawmakers are simplying exercising their Constitutional right to speak and give their opinion in a non binding resolution, without unconstitutionally legislating any penalty.

[Spktyr]

A case can easily be made that the bill imposes punishment by defaming their reputations.

Sorry, no sale.

Now, if they want to actually pass a bill that applies to *all* news organizations that removes the journalist shield if they misbehave, that applies giant fines for dishonest coverage if they refuse to publicly retract (with equal coverage level) and applies strict liability to them for their coverage, that would be something that would work. And not be a bill of attainder. And actually be useful.

[FreeReign]

A case can easily be made that the bill imposes punishment by defaming their reputations. Sorry, no sale.

So now you're going to try to make the argument that calling CNN, Fake News, is slanderous or libelous.

Obviously, CNN is a public entity and their record of Fake News is easy to prove.

Sorry, words have meaning, and the term bill of attainder has a clear, long standing meaning.

[Spktyr]

They can still make the case and they have lots of money and lawyers to tie it up in court. That satisfies the need for ‘a punishment’ to be attached to make it a bill of attainder. It’s a bill of attainder either way, IMO.

This is still stupid grandstanding on the part of the GOP lawmaker that will not stand up in court as challenged. Maybe he should do something slightly more productive like introducing an “Honesty In Journalism Act” to help stamp out fake news instead of this crap.

[FreeReign]

They can still make the case and they have lots of money and lawyers to tie it up in court. That satisfies the need for ‘a punishment’ to be attached to make it a bill of attainder.

CNN tying a bogus libel case up in court would be their choice. It's not a case of CNN being punished.

It’s a bill of attainder either way, IMO.

Sorry, I strongly disagree.

Have a good day.

[Spktyr]

I notice you spent all your time defending this useless resolution and none paying any attention to something concrete, like making fake news a punishable crime. So you prefer symbolic, useless gestures instead of actual steps to solve a problem - got it.

[FreeReign]

I notice you spent all your time defending this useless resolution and none paying any attention to something concrete, like making fake news a punishable crime. So you prefer symbolic, useless gestures instead of actual steps to solve a problem - got it.

No you don't get it. In fact you get very little. Like the very first amendment for instance.