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Thread: A constitutional restriction on the press

  1. #21
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    Re: A constitutional restriction on the press

    Quote Originally Posted by Crovax View Post
    Anonymous speech is an integral part of free speech and that includes anonymous sources.

    I do find it ironic that all the people railing against anonymous speech seem to do so behind anonymous user names.
    To be fair, the arguments here would probably be more honest and civil if everyone used their real names. And that goes for the internet in general. The fact that most of us use fake names is also a protection against vindictive anonymous people who can potentially harm us without the ability for us to seek retribution.

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    Re: A constitutional restriction on the press

    Quote Originally Posted by joG View Post
    I don't think that we can force journalists to name sources, if we want anything even clise to a free press in any meaningful sense. All confidential communication would have to stop.
    Why would all cc have to stop? You could speak all you want confidentially up until you're 100% sure your story is true and you're ready to print.

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    Re: A constitutional restriction on the press

    Quote Originally Posted by joG View Post
    I don't think that we can force journalists to name sources, if we want anything even clise to a free press in any meaningful sense. All confidential communication would have to stop.
    Well you can punish the reporter for not doing so.

    Courts have generally ruled that outside of specific statute there is no constitutional right against having to name sources.

    In one case a federal court ruled a journalist who wrote a story that led to a doctor being criminally charged had to disclose his sources because the defendant had a right to compel his sources to appear as defense witnesses, in another the Supreme Court ruled that journalists are simply private citizens and to give them the power to shield sources would grant them more rights then the general public.
    Quote Originally Posted by Dr. Chuckles View Post
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    Re: A constitutional restriction on the press

    Quote Originally Posted by KevinKohler View Post
    You are making the same argument gun control advocates make.
    How so?

    If I fire my gun and blow out the windshield of my neighbors car a civil court can order me to replace the windshield.
    Quote Originally Posted by Dr. Chuckles View Post
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  5. #25
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    Re: A constitutional restriction on the press

    Quote Originally Posted by EMNofSeattle View Post
    How so?

    If I fire my gun and blow out the windshield of my neighbors car a civil court can order me to replace the windshield.
    No, you're saying that because someone could get hurt,bee should have restrictions on the freedom of the press.
    Quote Originally Posted by calamity View Post
    Reports indicate that everyone knew he was hauling a bunch of guns up there. But, since you brought it up, there's something which should be illegal: guns that breakdown.

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    Re: A constitutional restriction on the press

    Quote Originally Posted by KevinKohler View Post
    No, you're saying that because someone could get hurt,bee should have restrictions on the freedom of the press.
    all of my restrictions though are based on making it easier to take media outlets to civil court for restitution, and in one case, mandating a specific form of restitution in form of a front page restraction, nothing I have stated is prior restraint.
    Quote Originally Posted by Dr. Chuckles View Post
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  7. #27
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    Re: A constitutional restriction on the press

    Quote Originally Posted by EMNofSeattle View Post
    all of my restrictions though are based on making it easier to take media outlets to civil court for restitution, and in one case, mandating a specific form of restitution in form of a front page restraction, nothing I have stated is prior restraint.
    Looked to me like you were advocating removing anonymity.
    Quote Originally Posted by calamity View Post
    Reports indicate that everyone knew he was hauling a bunch of guns up there. But, since you brought it up, there's something which should be illegal: guns that breakdown.

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    Re: A constitutional restriction on the press

    Quote Originally Posted by KevinKohler View Post
    Looked to me like you were advocating removing anonymity.
    through civil discovery if an aggrieved party files a lawsuit.

    and there is no constitutional right to press anonymity, some states have laws providing for it, but it's not in the constitution.
    Quote Originally Posted by Dr. Chuckles View Post
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  9. #29
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    Re: A constitutional restriction on the press

    Quote Originally Posted by KevinKohler View Post
    Looked to me like you were advocating removing anonymity.
    Example,

    EMNofSeattle, a journalist for the Tabloid News Daily publishes an article "According to anonymous sources, KevinKohler is a candy thief, he's been seen numerous times by our source lifting candy bars from the local bodega" and now suddenly you're banned from all the grocery stores, so you file suit against me. in preparation for trial you're permitted to file for discovery, in which if I hold information or documents germane to your case I must preserve that information and provide it to you, if I contest the information is not relevant to your suit it gets presented to a judge who determines its relevance.

    I'm saying that in a case involving libel, anonymous sources can very well relevant and court rules should permit plaintiffs to file for discovery of unnamed sources.
    Quote Originally Posted by Dr. Chuckles View Post
    No one cares about your stupid hippy logic
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    -Dixy Lee Ray

  10. #30
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    Re: A constitutional restriction on the press

    Quote Originally Posted by EMNofSeattle View Post
    through civil discovery if an aggrieved party files a lawsuit.

    and there is no constitutional right to press anonymity, some states have laws providing for it, but it's not in the constitution.
    The better solution is to simply remove the profit motive to post ever increasingly sensationalistic headlines.


    Anonynimity is the basis of free speech. You would allow slander/libel lawyers to end that freedom with threat of force.
    Quote Originally Posted by calamity View Post
    Reports indicate that everyone knew he was hauling a bunch of guns up there. But, since you brought it up, there's something which should be illegal: guns that breakdown.

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