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FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

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Re: FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

#31
post #4

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." What is the statutory reason that they are not allowed to do this? Sincere question.

"The Supreme Court has noted that the FCC has an expansive mandate to ensure broadcasters operate in the public interest." (National Broadcasting Co. v. U.S., 319 U.S. 190, 219 (1943).) It's like shouting fire in a theater when there is none - that would not be in the public interest. Neither is broadcasting lies to deceive the public.

Falsely shouting "fire!" in a crowded theatre incites behavior that is knowingly contrary to the well-being of the patrons. (Also, some defenders of the first amendment argue that this is protected speech, but let's ignore that for now.)

Imagine I pay a news station to run a story about a hospital (for example) which I believe to have saved many lives and I expect will continue to do so. Arguably my advertisement is in the public interest, because it brings attention to a potential health benefit.

What then, hypothetically? Is "public interest" still a justification for the fine?

Re: FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

#32

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." What is the statutory reason that they are not allowed to do this? Sincere question.

IANAL, but I believe the fine is because they aren't complying with the terms of their broadcast license.

The broadcast license is needed to have exclusive access to a publicly owned resource (the airwaves).

Re: FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

#33
post #20
post #10

Earlier quoted context omitted.

The "shouting fire in a theater" example is a poor comparison, because it likely is allowed under the first amendment[0][1]. It may not be in the public interest, but as far as I know, the FCC does not regulate theaters. [0]: https://www.theatlantic.com/national/archive/2012/11/its-tim... [1]: https://www.popehat.com/2015/05/19/how-to-spot-and-critique-...

That's ridiculous. Shouting fire in a theater would be covered under 18 U.S. Code 2102 - inciting a riot (assuming anyone took you seriously). There's absolutely no way that's protected under free speech, and there are countless examples of previous trials to back it up. People like the guy you link are ridiculous and just want to be the smartest guy in the room. In 2017, people using the phrase are obviously not ref…

> There's absolutely no way that's protected under free speech, and there are countless examples of previous trials to back it up.

Would you mind showing me one of those examples? I just did a bit of google searching, and was unable to find one. Even the original case (Schenck v. United States) had nothing to do with fires or theaters.

> shouting fire in a crowded theater would result in a situation in which you could be tried for violating countless laws if the end-result was damage to property or persons.

The "imminent lawless action" test established in Brandenburg v. Ohio requires more than just a damaging end-result. Intent, imminence, and likelihood must all be demonstrated in order for speech to be considered illegal. Maybe that test also applies to false fire alarms in theaters, but it certainly takes more than simply causing a bad end-result to happen.

Re: FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

#34
post #20
post #10

Earlier quoted context omitted.

The "shouting fire in a theater" example is a poor comparison, because it likely is allowed under the first amendment[0][1]. It may not be in the public interest, but as far as I know, the FCC does not regulate theaters. [0]: https://www.theatlantic.com/national/archive/2012/11/its-tim... [1]: https://www.popehat.com/2015/05/19/how-to-spot-and-critique-...

That's ridiculous. Shouting fire in a theater would be covered under 18 U.S. Code 2102 - inciting a riot (assuming anyone took you seriously). There's absolutely no way that's protected under free speech, and there are countless examples of previous trials to back it up. People like the guy you link are ridiculous and just want to be the smartest guy in the room. In 2017, people using the phrase are obviously not ref…

Just to clarify, the author of that post is a practicing lawyer specializing in first amendment law.

Guessing from your comments, you seem to work in software. Do you profess any particular legal expertise?

As the other commenter notes, I can't find any example of 2102 being applied like this.

Re: FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

#35
post #28

Earlier quoted context omitted.

> But all educated Americans know that the parties flipped their positions in the 1960s when Dems under LBJ courageously pushed out the racists to pass the Civil Rights Act and the racists moved to the Republicans. That is an oversimplification. What happened is that overtly racist policies fell out of favor. People talk about structural racism today, but nobody can say with a straight face that it's the same now as…

Some racists (e.g. Strom Thurmond) switched parties, but in general the Republicans were never as racist as the Democrats historically were. They didn't have to be. Popular support for racism has been on the decline for more than a hundred years, and the remaining racists no longer trusted the Dems so the Republicans never had to give them anything or even really promise to give them anything to get their votes. This…

> This is kinda sorta true, but it neglects to mention that the "Southern Strategy"[1] was a real thing

Sure it was a thing. The Democrats gave their base a swift kick in the teeth and the Republicans saw a bunch of easy votes. Realpolitik in action.

The whole dog whistle thing gives it away. If your base is actually full of racists then you just go out and say overtly racist things and never take it back, because your voters are racists so that gains you more votes than it costs.

It's only the marks you have to wink at and convince that you're saying something you're not. Because if you can't even say the thing out loud then you obviously can't actually do it and still get reelected.

Re: FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

#37
post #4

Earlier quoted context omitted.

"The Supreme Court has noted that the FCC has an expansive mandate to ensure broadcasters operate in the public interest." (National Broadcasting Co. v. U.S., 319 U.S. 190, 219 (1943).) It's like shouting fire in a theater when there is none - that would not be in the public interest. Neither is broadcasting lies to deceive the public.

Falsely shouting "fire!" in a crowded theatre incites behavior that is knowingly contrary to the well-being of the patrons. (Also, some defenders of the first amendment argue that this is protected speech, but let's ignore that for now.) Imagine I pay a news station to run a story about a hospital (for example) which I believe to have saved many lives and I expect will continue to do so. Arguably my advertisement is…

Imagine if you will an absurdly constructed hypothetical argument.

Re: FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

#39
post #5

I think people know, but Sinclair is the emerging threat to American public debate that is controlled by conservative owners. Sinclair requires their local affilate TV stations to run conservative-biased segments. In one case last year Sinclair lied about Hillary and the Democrats -- they required their local affiliates to run this segment -- saying viewers "should not vote for Hillary because Ds were historically pr…

> But all educated Americans know that the parties flipped their positions in the 1960s when Dems under LBJ courageously pushed out the racists to pass the Civil Rights Act and the racists moved to the Republicans. That is an oversimplification. What happened is that overtly racist policies fell out of favor. People talk about structural racism today, but nobody can say with a straight face that it's the same now as…

> That is an oversimplification

True enough, but your point is merely a digression. Nothing you say seems to refute the argument that characterizing the modern Democratic party as the one most motivated by racial resentment is... yeah.

Come on. Republican bang the drum for the culturally scared white vote, and they've done it consistently for over half a century regardless of the fidelity with which one explains civil rights legislation.

Re: FCC Fines Sinclair Broadcast Group $13.4M for Running Sponsored Content as News

#40

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." What is the statutory reason that they are not allowed to do this? Sincere question.

The electromagnetic spectrum is a limited and crowded part of the commonwealth, and citizens can require that it is being used in their interests.
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