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Sun Sep 12, 2021, 09:03 PM

Blue States should pass a "Fairness Doctrine" law

That makes it illegal for any radio station broadcast in their state to broadcast conservative political views without an equal amount of opposing views.

Of course, the state wouldn't enforce the law, but any private citizen could sue any radio station, and all those that abet it.

Private citizens would win a $10K bounty for each violation, plus court costs. If the private citizen were to lose, the radio stations could not get court costs.

Obviously, the Supreme Court would not block this law, as it's not the state, but private citizens that are enforcing it.

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Response to maxrandb (Original post)

Sun Sep 12, 2021, 09:06 PM

1. If the state passes a law making something a crime, the Supreme Court can block it

Texas didn't make having or aiding and abetting an abortion a crime. They just created a private right of action that allows individuals to sue people for doing so. That's different than what you're proposing.

The parallel would be if the states passed laws permitting people to sue broadcasters for failing to offer equal time, without making failure to offer equal time a crime.

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Response to StarfishSaver (Reply #1)

Sun Sep 12, 2021, 09:12 PM

3. Then do it that way

I am not a lawyer, but it seems like Texas and the Supreme Court just gave states carte blanche to do an end run around the Constitution.

Surely, if TX can devise a way to put abortion providers out of business, blue states could do the same for hate radio.

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Response to maxrandb (Reply #3)

Sun Sep 12, 2021, 09:21 PM

5. I hear you.

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Response to maxrandb (Original post)

Sun Sep 12, 2021, 09:07 PM

2. It would be struck down in court immediately.

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Response to Demsrule86 (Reply #2)

Sun Sep 12, 2021, 09:27 PM

6. Clarification - it would be struck down as soon as someone tried to enforce it

As the Texas law will be.

I further expect the courts to block this nonsensical deputization strategy as well as soon as some cases actually work through the system... but that might take a few years.

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Response to maxrandb (Original post)

Sun Sep 12, 2021, 09:19 PM

4. I have my own fairness doctrine.

I don’t watch American TV “news”.

It’s garbage.

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Response to roamer65 (Reply #4)

Sun Sep 12, 2021, 09:36 PM

7. yeah...I do that one too..

my tv, my choice.

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Response to maxrandb (Original post)

Sun Sep 12, 2021, 10:20 PM

8. The flaw in this (and the abortion law) argument is

the law allows this private citizen enforcement to happen in state courts.

As an example, real estate covenants that restrict sales to only subclass of the population in discriminatory ways, that existed (or still exist) in real estate contracts and property covenants, were said to be private contracts. But the US Supreme Court ruled that the courts and police power could not be used to enforce these contracts, effectively voiding them.

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Response to maxrandb (Original post)

Sun Sep 12, 2021, 10:43 PM

9. Why not try it? Once you start thinking this way could really mess up evil national enterprises

like Fox where they would have to adjust for laws by state. Of course, then who knows what new crazy s**t the Red states would come up with. Could be thermonuclear crazy.

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Response to maxrandb (Original post)

Sun Sep 12, 2021, 11:25 PM

10. The airwaves are under the exclusive control of the federal government.

For fairly obvious reasons. FCC is the regulatory agency. Just the messenger; don’t attack.

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