General Discussion
In reply to the discussion: Why is Fox News Allowed To Spread Falsehoods? Seriously, where is the FCC? [View all]sop
(18,653 posts)including when the speaker is a news organization. The Supreme Court has repeatedly held in favor of strengthening and protecting freedom of the press. The scales tipping this way dates back to 1964, when the Supreme Court first laid the groundwork for a myriad of historic decisions protecting freedom of the press under the First Amendment."
"In New York Times v. Sullivan, the landmark defamation action against a newspaper, the Court concluded that 'even half-truths' and 'misinformation,' are protected speech. Protected speech cannot be restricted nor punished. The only relevant exception to the Courts holding and would render a news speech 'unprotected' is proof of 'deliberate falsehood or reckless disregard for the truth.'"
"Since then, countless decisions followed suit, mirroring the rationale set out by the Supreme Court, as well as expanding upon the already powerful protections of speech. Likewise, in general, courts have routinely adhered to the general expectation that the news will not be liable."
Not too long ago Fox News was sued for alleged Campaign of Deception & "Disseminating of Disinformation to Deny & Downplay the Danger of Coronavirus." This Law Review article lays out all the issues in this suit, it's an interesting and informative read:
https://lawreview.syr.edu/fake-news-v-the-first-amendment-fox-news-gets-sued-for-alleged-campaign-of-deception-disseminating-of-disinformation-to-deny-downplay-the-danger-of-coronavirus/