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A convenient legal fiction | 393 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
A convenient legal fiction
Authored by: tknarr on Sunday, May 27 2012 @ 01:16 PM EDT

As a corporation, yes. And I'd apply the same rules as ought be applied to the Web: the distinction between their own content vs. other people's content they carry. The TV station, newspaper etc. should be limited in the amount of advertising, support etc. they originate on behalf of a candidate. When it comes to other people's content they carry (eg. ad time candidates buy, news coverage, etc.), since that's not originated by them it doesn't count against their limits so long as they treat all candidates equally. They don't have to be absolutely to-the-second equal in coverage, but they can't be unreasonably biased in one direction or the other. If they sell ad time to any candidate, they have to offer all candidates time at the best rate they offer any of them. If they cover political events, they have to cover the events of all parties and candidates in at least rough proportion to their demonstrated popularity (eg. if the Republicans and Democrats are neck-and-neck in the polls there ought to be roughly equal coverage of both's events, but the candidate polling 2% can't expect more than 2% of the coverage).

Final caveat: they're fine with reporting what the candidates said. They're fine doing factual analysis, eg. taking what the candidates said and reporting how it stacks up against the facts from other sources, as long as they're even-handed and do that for all candidates and not just one party's. It's only when they either begin opining about which candidate is right (as opposed to which one made statements that did or didn't square with confirmable facts) or start offering preferential treatment to some candidates that they cross the line from reporting news to supporting a candidate and start having to worry about their own campaign limitations.

[ Reply to This | Parent | # ]

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