Sunday, November 20, 2016

Daily Reminder: Equal Media Time Mandate Violates First Amendment

In Miami Herald Publishing Co. v. Tornillo (1974), a unanimous Supreme Court held that Florida's "right of reply" statute granting a political candidate a right to equal space to answer criticism and attacks on his record by a newspaper violated the First Amendment.

As the opinion by Chief Justice Burger phrased it:

the Court has expressed sensitivity as to whether a restriction or requirement constituted the compulsion exerted by government on a newspaper to print that which it would not otherwise print. The clear implication has been that any such a compulsion to publish that which "reason' tells them should not be published" is unconstitutional. A responsible press is an undoubtedly desirable goal, but press responsibility is not mandated by the Constitution, and, like many other virtues, it cannot be legislated. . . . Governmental restraint on publishing need not fall into familiar or traditional patterns to be subject to constitutional limitations on governmental powers.

Thus, while the President-Elect may simply be requesting "equal time" for "us," his widely reported tweet implicates serious constitutional concerns.

 

http://lawprofessors.typepad.com/conlaw/2016/11/daily-reminder-equal-media-time-mandate-violates-first-amendment.html

Current Affairs, Executive Authority, First Amendment, News, Speech | Permalink

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