General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDo you think the Biden administration should shut down Fox News? (poll)
This has been brought up on other threads today.
120 votes, 5 passes | Time left: Time expired | |
Yes. Fox News spreads lies and is a danger to democracy. | |
18 (15%) |
|
No. That would be a violation of the First Amendment. | |
98 (82%) |
|
Other, or no opinion. | |
4 (3%) |
|
5 DU members did not wish to select any of the options provided. | |
Show usernames
Disclaimer: This is an Internet poll |
Silent Type
(7,562 posts)White wing rubes have a right to watch what they want, and we can detest them too.
Ocelot II
(121,837 posts)when they favor ones own side.
ProfessorGAC
(70,961 posts)We couldn't agree on this more. 100% of the same mind.
whathehell
(29,912 posts)fail to realize realize that the First Amendment is not absolute.
Ocelot II
(121,837 posts)on ideological grounds. Yes, there are exceptions to the First Amendment's guarantee of free speech - obscenity (time, place and manner restrictions), and speech that is both directed to inciting or producing imminent lawless action and is likely to incite or produce such action per Brandenburg v. Ohio, and Virginia v. Black, statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. There's also defamation and fraud. Fox was sued successfully for defamation, but none of these exceptions apply to shutting down an entire network.
Some future administration might be inclined to take MSNBC off the air for ideological reasons.
whathehell
(29,912 posts)rather than make a rigidly binary choice.
Lawsuits have been brought against Fox for deliberately lying while positioning themselves as a "News" organization. Fox weaseled its way out of it by claiming they were NOT news but "entertainment".
How that ruling managed to hold, without mandating a name change to something reflecting their own self description, I don't know.
I don't believe "news" organizations should be able to describe themselves as such while deliberately indulging in a pattern of lies.
onenote
(44,862 posts)No, Fox has never argued in litigation that they aren't a news organization.
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=19048811
whathehell
(29,912 posts)they are not a news organization"?
Not in those exact words, perhaps, but
their lawyers have claimed that their lies are just "entertainment" and should not be believed.
https://www.npr.org/2020/09/29/917747123/you-literally-cant-believe-the-facts-tucker-carlson-tells-you-so-say-fox-s-lawye
The issue, obviously, is that the lies are presented as truth using the 'Fox News' network rubric.
onenote
(44,862 posts)They didn't argue that Fox News in general is not factual. They distinguished, as have the courts for many many years, their news programming from their commentary/opinion programming.
whathehell
(29,912 posts)a long time mainstay of Fox News, wasn't necessarily factual.
onenote
(44,862 posts)There are opinion and commentary pages in newspapers. They still get to call their publications "newspapers."
ForgedCrank
(2,443 posts)"rigid and binary" in this sense.
And besides that, all we have to do is not watch it. I'm not into dictating what others are allowed to say or hear, and I most certainly don't want government doing it.
whathehell
(29,912 posts)Interpreted..It's why we have lawyers.
MarineCombatEngineer
(14,544 posts)tritsofme
(18,736 posts)ForgedCrank
(2,443 posts)has been tested quite well.
The people who wrote The Constitution were thinking about people like this very specifically.
Good luck using the government to shut down a press organization or to make someone stop saying things we may not like or agree with.
MarineCombatEngineer
(14,544 posts)whathehell
(29,912 posts)First of all, the "rule" of the First Amendment is not absolute, and is open to testing as new applications arise.
Secondly, I neither said, nor implied that I favored "using the government to shut down a press organization to make someone stop saying things we might not like or agree with". The issue with Fox doesn't concern what is "liked" or "agreed" upon, it concerns FACTS and lies. Again, there are lawful restraints on speech, and they're not just about fires and crowded theaters. False advertising is prohibited, and characterizing demonstrable lies as factual "news" fits that description.
ForgedCrank
(2,443 posts)"misinterpreting much".
Funny how so many people hear words that I never said or even alluded to. Example "absolute". Someone recently saw that word in one of my posts, even though there is no mention of it anywhere.
And yes, I've heard the "fire in a crowded theater" about 1 billion times since I was in 4th grade. I'm familiar with it, and that has been tested to it's limits and is well established grounds. Fox news is not yelling "fire" in a "crowded theater".
Also, The Constitution mentions nothing about "facts and lies". The real fact is that The Constitution is there to protect people who have opinions or views that are contrary to the masses or the government. Popular statements from an individual don't require protections as much by the very nature of them being popular.
Also, "false advertising" is applied to people who are selling products and making false claims regarding said product. So no, what Fox news is doing does not fall under this definition, not even vaguely. Now, if they say this stuff to law enforcement during an investigation or under oath in court, then we have a different thing to talk about. There is a thing called Tort that covers this, as we have seen demonstrated over the past several years.
And yes, when I say government shouldn't be doing that and someone argues with me about it, they have taken a contrary position to my stated opinion.
whathehell
(29,912 posts)The central point of my post is that there ARE exceptions to Protected Speech and they are NOT necessarily limited to the well known example I gave. The fact of THAT example having been "tested to its limits", doesn't mean, it's the only, or even one of the only possible exceptions. You speak of the text of Constitution and it's possible applications, as if it's a "one and done" document, but that's simply not the case..It is open to interpretation, and it's "testing", since it usually pertains to new situations in an ongoing world, continues, as it must.
In regard to Fox News, you claim that 'facts and lies' aren't mentioned in the constitution, but the Supreme Court, in several instances, has ruled that false statements are NOT protected by the Constitution.
As to Fox News being uncovered by false advertising laws because they only cover "products", you may have to expand your concept of "product" beyond things that can be packaged in cans; Fox News Programning IS a product, a media product which is sold to advertisers and distributed electronically to consumers, so yes, it can fall under that definition.
.
Response to Ocelot II (Reply #11)
whathehell This message was self-deleted by its author.
whathehell
(29,912 posts)Please note that the poll offered three, rather than two options. I chose the third, "other. Allowing one or more restrictions on a network does not equate to "shutting it down".
brooklynite
(96,882 posts)And ask yourself if you're looking forward to a future Republican Governor shutting down MSNBC?
Fiendish Thingy
(18,991 posts)I know, Ill make a poll about my anti-Democracy fantasy
Wednesdays
(20,317 posts)I was just curious how DUers really felt, since more than once a poster asserted "DU is just as ready to trash the First Amendment as the GOP" today.
Trueblue1968
(18,336 posts)Dorian Gray
(13,736 posts)These types of questions feel like trolling for a fight.
betsuni
(27,349 posts)tritsofme
(18,736 posts)elocs
(23,105 posts)You set your bar pretty low, don't you? DUers aren't immune from making stupid suggestions, they're just self righteous about it.
Wednesdays
(20,317 posts)ms liberty
(9,897 posts)"I was just curious how DUers really felt, since more than once a poster asserted "DU is just as ready to trash the First Amendment as the GOP" today."
What you're saying there is that another poster said we'd trash the 1A if it benefited our side, but your poll and this thread kind of proves that theory inaccurate, at least in theory amirite? Of the replies I've seen so far, most everyone is reacting pretty negatively to that idea. So shouldn't we be happy about that? I could be misunderstanding it, I have had a well-earned, big glass of wine...
Wednesdays
(20,317 posts)I'm fine with that.
WarGamer
(15,910 posts)When people let their partisanship fly... they forget the other side of the coin.
whathehell
(29,912 posts)to supplement some of the binary, self-righteous responses here.
Funtatlaguy
(11,814 posts)Theres really no difference between broadcast and cable anymore.
One entity should govern all networks and stations and they should be given some teeth and governing and punishment powers.
Real guidelines for any group that says they are a News outlet should be developed and adhered to.
onenote
(44,862 posts)One could just as easily argue that the government should regulate the content of internet sites -- including this one. But the courts have long held that there are material differences between the over-the-air broadcast media, which relies on the public airwaves and subscription services, like cable and satellite which make the latter, when it comes to content, more akin to the print media.
Doodley
(10,452 posts)onenote
(44,862 posts)https://www.politifact.com/factchecks/2014/sep/10/facebook-posts/facebook-post-claims-fox-admits-they-lie-have-righ/
see also: https://www.snopes.com/fact-check/fox-news-entertainment-switch/
If Fox News has been held to the right to lie, why did they settle a libel case brought by Dominion for $737 million?
My guess is that you are referring to the 2020 case out of the southern district of new york in which Fox News was sued by Karen MacDougal alleging Tucker Carlson defamed her by accusing her of extorting now-President Donald J. Trump out of approximately $150,000 in exchange for her silence about an alleged affair between McDougal and Trump. Fox argued that the suit was dismissed on two grounds: first, that the statements at issue were rhetorical hyperbole made in the context of a commentary and opinion program, not factual "news" program assertions and thus could not be defamatory under a long line of precedent and second, that the plaintiff had failed to establish "actual malice", a prerequisite for a defamation case against a public figure. The case was focused solely on Carlson's program, which is not a news program but is an opinion commentary program. The same reasoning would apply to, for example, Rachel Maddow's program, which is an opinion and commentary program.
Every newspaper in the country refers to itself directly or indirectly as a purveyor of news. And every one of them also runs commentary and opinion pieces. Should newspapers be barred from calling themselves "news"papers? Of course not.
Doodley
(10,452 posts)Elessar Zappa
(16,218 posts)And Biden wouldnt try because he respects the constitution.
mvd
(65,539 posts)Best way IMO.
onenote
(44,862 posts)He was Fox News' house "liberal" -- and his presence did nothing at all to make Fox News a more balanced source of information. Yet, his presence is all that the Fairness Doctrine would have required had it ever applied to Fox News.
Why should cable-originated content be subject to a fairness doctrine requirement, but not internet-originated content?
I agree that he was a token and was allowed to get run over. But I dont know if just shutting them down is feasible. Plus, the fairness doctrine could have modifications.
Zeitghost
(4,557 posts)And if it did, it would apply to DU, YouTube and the internet. Which would be a total disaster.
Tribetime
(6,418 posts)Alex Jones style
MustLoveBeagles
(12,747 posts)EllieBC
(3,400 posts)I love how everybodys all for democracy until their people are in charge and then theyre all about the authoritarianism. Because what could possibly go wrong?
GoneOffShore
(17,657 posts)EllieBC
(3,400 posts)The term predates the internet but it has a renaissance thanks to the early 2000s internet.
MustLoveBeagles
(12,747 posts)I remember all the pissing and moaning by the media when President Obama merely didn't recognize Fox as a credible news source. I can only imagine the meltdown that would occur if Biden were to do this. And what would stop a right leaning administration from doing the same to CNN and MSNBC? Lets not go down that road.
chouchou
(1,503 posts)They don't deserve any law or this reality. I'd push them as a virus that must be destroyed.
tritsofme
(18,736 posts)chouchou
(1,503 posts)First Amendment law(S) are for a civil society..not monsters.
tritsofme
(18,736 posts)Thankfully the First Amendment protects us all from these types of folks.
I prefer the words of Justice Oliver Wendell Holmes: If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate.
Polybius
(18,664 posts)Oh wait...
chouchou
(1,503 posts)With all due respect, the answer to your question would be No.
DemocraticUnderground tries to make the world a better place.
Fox News and Alex Jones and..etc..tries to destroy the thoughts that binds all of us together.
onenote
(44,862 posts)why stop at banning Fox News? Why not ban any speech that would not serve that goal, as defined by those in power? Why not ban the Republican Party and be a one-party nation? Why not lock up anyone who espouses a view that doesn't, in the view of the powers that be, doesn't bind all of us together? Irony alert -- banning one set of widely held viewpoints is an interesting way to "bind all of us together", unless of course by "bind" you mean "forcefully require".
After all, if some rules should just "fuck themselves," why not go big and have thought police. Y'know, like authoritarian states try to have.
chouchou
(1,503 posts)You give Fox News/Alex Jones the reality of "A different view? With respect? PL-ease.
They make up lies constant and consistently, day after day.
You give examples that are way off the scale. ...and then you apply those examples to myself. Not True.
I would never ban or hurt a person from having a different view on society, as long as their viewpoints are NOT just pulled trash and lies from their asses. ...with the goal of destroying other people. That's the key.
This forum has rules and those rules are pretty damn fair.
Let me start posting like Fox News or Alex jones and see how long I'll be around.
"Donald Trump today gave FREE money to all citizens today." (By running up the God-Damn deficit...that will cause services to fail)
.."And ..Our senile so-called Leader/President fell off of his bicycle today..Har..har"
"Some people say that having universal Health care would bankrupt our nation within 3 years!!!"
That last sentence icame from You-know-who. Jones.
MarineCombatEngineer
(14,544 posts)because YOU don't like what they say?
Well, alrighty then, will you support a repig admin shutting down DU, MSNBC, CNN because they don't like what they have to say about a Pres.,?
I can't believe the bullshit I'm reading here about Govt control of the media, no matter what one may think of them.
It always amazes me that liberals/progressives want to shut down a channel that doesn't align with their beliefs but don't take into consideration that the same laws will apply to them under a repig admin.
Polybius
(18,664 posts)It doesn't work like that.
Captain Zero
(7,609 posts)But I'm sure we have a go-to plan in that eventuality.
hueymahl
(2,678 posts)Used by despots around the world.
yardwork
(64,933 posts)DemocratInPa
(743 posts)understand the constitution..
So funny how people on here were mad when Trump wanted to do shit like this, but would be ok with Biden doing it.
chouchou
(1,503 posts)DemocratInPa
(743 posts)President has no authority to shut down a TV station..
chouchou
(1,503 posts)They purposely spew propaganda. ...for money. If Fox were a country, we'd block their transmitters.
Polybius
(18,664 posts)Damage is in the eye of the beholder.
chouchou
(1,503 posts)MSNBC was (as they put it) Nill.
onenote
(44,862 posts)You give more credit to Fox News than it deserves and in so doing ignore other factors that create division in this country.
MarineCombatEngineer
(14,544 posts)That's the beauty of the 1A, you can disagree, but what are the chances of you disagreeing under a Been A Dick Donald admin without severe repercussions?
Be careful what you wish for, it'll come back to bite you in the ass.
chouchou
(1,503 posts)MarineCombatEngineer
(14,544 posts)but I thank my lucky stars, for now, that people like you that want to redefine the 1A, aren't in charge.
tritsofme
(18,736 posts)hueymahl
(2,678 posts)Disgusting anti-free speech, anti-democratic stance.
MarineCombatEngineer
(14,544 posts)One of the few times I wholeheartedly agree with you.
hueymahl
(2,678 posts)Love you MCE. Have really enjoyed our sparring over the last few months!
MarineCombatEngineer
(14,544 posts)and I've thoroughly enjoyed our back and forth.
IdiotsforPalin
(188 posts)Maybe when Fox is broke theyll realize that theyre nothing more than the Talking Heads for the Fat Fuq
MustLoveBeagles
(12,747 posts)Hold them accountable
moondust
(20,566 posts)Imagine the kind of fabricated totalitarian shutdowns the GQP would undertake if they ever got the chance. It would look like North Korea.
brush
(58,285 posts)six months to a year...regular monitoring done by the FCC?
Ferrets are Cool
(22,044 posts)Polybius
(18,664 posts)Communist Underground is that way.
Doodley
(10,452 posts)The 17% are.
tritsofme
(18,736 posts)Doodley
(10,452 posts)GoodRaisin
(9,686 posts)People need to be smart enough not to fall for the lies. The only thing thats going to shut down Fox News and other RW propaganda networks is enough people turning off their networks. But, there are too many stupid people who provide a market for lies.
DetroitLegalBeagle
(2,228 posts)Authoritarianism from the left is just as unacceptable as it would be from the right.
Bucky
(55,334 posts)Yes that also means that Lawrence O'Donnell's show (por ejemplo) would be 45% people disputing what he just said. Good. Fox and Friends would become the biggest educational institutions in the country.
themaguffin
(4,248 posts)Pero... un hombre puede soñar
onenote
(44,862 posts)All it required was that the station present contrasting views regarding those matters of public concern. Stations made the choice as to who and how to present contrasting views and did not require equal time for all different viewpoints. Even in its original form, it almost certainly would not survive First Amendment scrutiny today.
Bucky
(55,334 posts)But as long as we're fantasizing about authoritarian takeovers of the media, why not dream big?
TheProle
(3,113 posts)DemocratInPa
(743 posts)President dont have this kind of power, but I would like to hear how the OP thinks he can do this??
Secondly, if he tried it end badly including a November loss unfortunately. Alot of Biden middle of the road voters would stay home.
Thirdly, republicans get back power and sadly there going get some kind of power soon or at some point it will only lead to them doing something back in response.
Lancero
(3,110 posts)hueymahl
(2,678 posts)Kaleva
(38,713 posts)A few here want Fox to be shut down if it doesn't change content.
"Lawmakers from both parties as well as law enforcement and intelligence officials have long expressed concerns that Chinese authorities could force ByteDance to hand over data on the 170 million Americans who use TikTok. The worry stems from a set of Chinese national security laws that compel organizations to assist with intelligence gathering - which ByteDance would likely be subject to and other far-reaching ways the countrys authoritarian government exercises control."
https://apnews.com/article/tiktok-divestment-ban-what-you-need-to-know-5e1ff786e89da10a1b799241ae025406
Lancero
(3,110 posts)Wasn't that long ago that we'd call this what is was. Racism. Racism that many here have now, sadly, embraced.
Kaleva
(38,713 posts)Where Trump was to unilaterally ban , without Congressional approval, Tictok.
In today's case, it was Congress, with wide bipartisan support, that passed the law and which Biden signed. Also TicTok would not be banned if China sold the app to a non-Chinese entity. Which I believe is something Trump wasn't going to allow but I could be mistaken on that part
Flatrat
(165 posts)Truth in advertising.
Fox entertainment is mislabeled.
BlueKota
(3,786 posts)But too bad there isn't a rule that would allow the government to make them, and all the cable "news" networks, drop the word news from their names. It should be FPOC- Fox Political Opinion Channel, CPO, MSPO.
Also be made to run a spoken disclaimer that the content of these programs are the opinions of the hosts and guests and may or may not be based on facts! People might still not listen or care. Also they should already be smart enough to figure that out on their own, but we are where we are because obviously some are not.
Programs designated news should just report on major events that happen, without editorial comment.
That way they still get to say what they want, but people who would like to stay up on current events, but don't want to listen to the spin have a source for that.
sarisataka
(21,340 posts)is to eliminate our freedoms.
The answer to such a dictatorial move is "hell no". The posts saying laws shouldn't apply to those we disapprove of are absolutely chilling.
H2O Man
(75,906 posts)DBoon
(23,244 posts)The government should help counter factual mus-statements and promote media that presents truthful perspectives. Promoting diversity in media, and non-profit media that follows journalistic standards would help.
Private non-governmental actions can also reduce the damage caused by Fox and other right-wing outlets
kimbutgar
(23,781 posts)TheProle
(3,113 posts)kimbutgar
(23,781 posts)Thank you for the link!
onenote
(44,862 posts)Zeitghost
(4,557 posts)Applied to DU
Patton French
(1,219 posts)TheBlackAdder
(29,101 posts)But that's just me. Nothing enforceable. I just don't like how they present themselves as news when they are not.
onenote
(44,862 posts)TheBlackAdder
(29,101 posts)RussBLib
(9,741 posts).. .and any number of lying rightwing radio punks.
Better to either work with them to improve, or maybe as another poster said, sue the fuck out of them until they're broke.
https://russblib.blogspot.com/?m=1
pwb
(12,208 posts)Maybe a move on them for honesty will work. But they are owned by the wealth class so never mind.
emulatorloo
(45,644 posts)about should sue them into oblivion.
TexasDem69
(2,317 posts)And it would guarantee Trumps reelection of Biden tried. This is nonsense, unconstitutional and the worst idea Ive seen on DU in a while.
Response to Wednesdays (Original post)
PJMcK This message was self-deleted by its author.
Iggo
(48,643 posts)Ever.
pansypoo53219
(21,829 posts)Music Man
(1,590 posts)What the hell is this question?
Bring back the Fairness Doctrine instead.
Silent3
(15,909 posts)...is for blatant, deliberate spreading of misinformation and disinformation to be legally actionable the same way defamation is not treated as protected speech.
One has to be careful, of course, not to treat true, honest differences of opinion, even differences of opinion arising out of hate and stupidity, as unprotected speech.
To a certain extent, some protection against misinformation and disinformation exists, but only when a particular party can claim defamation, as in the Dominion win over Fox News.
We should further, however, also treat things like COVID disinformation the same way, when something as important as people's health and life, not only mere reputation, are at stake.
And although this could get very tricky when moving into the political realm of speech, at a certain point, when people spread lies about elections being rigged at the risk of destabilizing our democracy, for example, anyone who can be proved to not merely be voicing a poorly-formed opinion, but knowingly lying to produce false distrust, should be restrained and held accountable.
I used to believe that even deliberate lies should be protected free speech, with the only remedy being other people using their free speech to argue for the truth against those lies. I've come to realize that disinformation and propaganda techniques are far too pernicious to go unchecked, and their effects too powerful to be answered by mere rational counterarguments.
Zeitghost
(4,557 posts)As they should be,
Silent3
(15,909 posts)There are cases, however, where you can prove someone is willfully lying for destructive purposes. That's not just "being wrong". In the case of doing that to damage a person's (or a business's) reputation, maliciously lying, and even reckless disregard for truth (that is, perhaps believing something is true, but exercising no due diligence to validate that truth) has legal consequences.
I'm only advocating extending that same reasoning to other incidences of malicious lying and reckless disregard that have serious consequences, not just reputational consequences.
DFW
(56,972 posts)Nixon wanted to eliminate CBS news (Dan Rather) in 1969.
Gore1FL
(22,025 posts)jmowreader
(51,686 posts)If Biden shut down Fox News, the next GOP president would shut down CNN and MSNBC.
Blue Full Moon
(1,391 posts)It is a propaganda machine. It is mostly editorial comments and not actually news. I think it's funny that Trump doesn't like them now. Even the commenters there are having to admit Trump is just wrong, but in the end Fox is not news.