Mollie Verified account @MZHemingway For those who thought the "fake news" hysteria was a trojan horse for government censorship
Meet the MSNBC Legal Eagle Who Proposes Destroying the Free Press
It’s not on purpose, but Ari Melber’s proposal to treat ‘fake’ news as consumer fraud would have devastating consequences.
It's the early days of a presidency that has openly declared itself to be hostile to the media (and to be fair—the reverse is also true), and Ari Melber, MSNBC's legal correspondent and a lawyer, has what he thinks to be a brilliant idea—let's have the federal government get more involved in evaluating the legitimacy of news.
I'm not a big MSNBC viewer, but I'm fairly sure that they haven't suddenly become big supporters Donald Trump's presidency. That's not what Melber is going on about. Rather, what Melber has suggested is that the federal government, particularly the Federal Trade Commission (FTC), can use its authority to protect consumers from fraudulent advertising claims in order to fight the existence of "fake news." He suggests that by classifying disprovable media claims as fraudulent, the government has the authority to intervene. "Fraud" is not considered protected speech. He makes the case in a piece for the New Jersey State Bar Association:
To follow First Amendment precedents, the framework could limit the FTC to only regulating posted articles—not seeking prior restraints against future articles—and to only regulate businesses devoted to fraud news.
Legally, a focus on deceptive businesses keeps the FTC in the ballpark of commercial speech, patrolling deceptive practices taken in pursuit of commerce. During the election, the most popular fraud news sites were launched by business people, often abroad, enticed by the market online for political news. They were trying to make money, not express any particular view. …
Since these sites are clearly operating as businesses, it is logical to regulate their commerce and deceptive practices like any other business.
A focus on deceptive businesses would also keep the government away from meddling with actual journalists or citizens exercising their right to lie while engaged in politics.
moreLegally, a focus on deceptive businesses keeps the FTC in the ballpark of commercial speech, patrolling deceptive practices taken in pursuit of commerce. During the election, the most popular fraud news sites were launched by business people, often abroad, enticed by the market online for political news. They were trying to make money, not express any particular view. …
Since these sites are clearly operating as businesses, it is logical to regulate their commerce and deceptive practices like any other business.
A focus on deceptive businesses would also keep the government away from meddling with actual journalists or citizens exercising their right to lie while engaged in politics.
Meet the MSNBC Legal Eagle Who Proposes Destroying the Free Press - Hit & Run : Reason.com
