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Interruption of a Presidential Press Conference by Some Television Broadcast Stations: Censorship or a Valid Innovative Measure to Combat Fake News?

Published online by Cambridge University Press:  17 March 2022

Juan-Andrés Fuentes
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Abstract

Censorship normally refers to the Government's actions to ban different forms of freedom of speech (i.e. suppression of words or images). However, cries of censorship were heard as a result of the decision taken by television broadcast networks to interrupt the transmission of a Presidential press conference in November 2020. Some interpreted this act as censorship against public authorities. Others thought it was a legal (and necessary) measure to combat fake news. This article addresses whether the decision to limit a televised broadcast by President Trump was censorship or, alternatively, whether it was a valid, innovative measure to fight fake news. To tackle these issues, it is necessary that some of the related duties and rights television broadcast stations have before the Federal Communications Commission (FCC), governmental authority in charge of these matters, must be revised.

Type
Articles
Information
International Journal of Legal Information , Volume 49 , Issue 3 , Winter 2021 , pp. 171 - 175
Copyright
Copyright © The Author(s), 2022. Published by International Association of Law Libraries

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Footnotes

1

This article is not a comprehensive study; it simply encourages others to reflect on the matter.

2

© JuanAndrés Fuentes 2021. The author would like to express gratitude to Professor Faye Jones, his mentor; Professor Edward Hart; and Mia Drut.

“No government ought to be without censors; and where the press is not free no one ever will.” (Thomas Jefferson)

References

3 Lewis, Sophie. “Joe Biden Breaks Obama's record for Most Votes ever cast for a U.S. Presidential Candidate,” CBS News, December 7, 2020, https://www.cbsnews.com/news/joe-biden-popular-vote-record-barack-obama-us-presidential-election-donald-trump/.

4 Hsu, Tiffany. & Grynbaum, Michael, “Major Networks cut away from Trump's Baseless Fraud Claim,” New York Times, November 5, 2020, https://www.nytimes.com/2020/11/05/business/media/trump-tv.html .

5 Keveny, Bill, “MSNBC, Major Networks interrupt Trump's Falsehood-laden Speech to Fact-check; Fox, CNN carry in Full,” USA Today, November 5, 2020, https://www.usatoday.com/story/entertainment/tv/2020/11/05/fox-cnn-covered-trumps-falsehood-laden-speech-msnbc-pulled-away/6182029002/ .

6 Henderson, Cydney, “'Turtle on his back Flailing': Anderson Cooper, others react to President Trump's Falsehood-laden Speech,” USA Today, November 5, 2020, https://www.usatoday.com/story/entertainment/tv/2020/11/05/anderson-cooper-lester-holt-denounce-trumps-falsehood-laden-speech/6182108002/.

7 Ellefson, Lindsey, “Only 18% of Frequent Fox News Viewers accept Election Outcome, Poll says,” The Wrap, December 10, 2020, https://www.thewrap.com/fox-news-msnbc-election-outcome/.

8 See, https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1288.

9 https://transition.fcc.gov/Reports/1934new.pdf.

10 https://transition.fcc.gov/Reports/1934new.pdf.

11 The Communications Act, 1934, 47 U.S.C. § 307 - 399B.

12 Id. § 307.

13 https://www.fcc.gov/sites/default/files/the_fcc_and_freedom_of_speech.pdf. n.d.

14 Ruane, Kathleen, “Fairness Doctrine: History and Constitutional Issues,” July 13, 2011, Congressional Research Service, https://fas.org/sgp/crs/misc/R40009.pdf.

15 Federal Communications Commission, 1987, 1.

16 Caldera, Camille, “Fact check: Fairness Doctrine only applied to Broadcast Licenses, not Cable TV like Fox News,” USA Today, November 28, 2020, https://www.usatoday.com/story/news/factcheck/2020/11/28/fact-check-fairness-doctrine-applied-broadcast-licenses-not-cable/6439197002/.

17 O'Malley, Michael, “Regulating Television, https://chnm.gmu.edu/exploring/20thcentury/regulatingtelevision/, (last modified April 2004).

18 McFadden, Joseph, Censorship and Freedom of Speech, accessed July 17, 2021, https://courses.lumenlearning.com/suny-massmedia/chapter/15-4-censorship-and-freedom-of-speech/

19 McIntire v. Wm. Penn Broadcasting Co. of Philadelphia, C.C.A.3 (Pa.) 1945, 151 F.2d 597

20 Federal Communications Commission, The FCC and Freedom of Speech, accessed July 14, 2021, https://www.fcc.gov/sites/default/files/the_fcc_and_freedom_of_speech.pdf.

21 See, https://www.fcc.gov/media/radio/public-and-broadcasting.

22 Id., n.d.

23 Greenwood, Max, “Trump pushes to challenge Media Network Licenses,” The Hill, October 11, 2017, https://thehill.com/homenews/administration/355051-trump-news-network-licenses-must-be-challenged-and-if-appropriate

24 The Communications Act, 1934, § 326.