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They are narrowly interpreted as it relates to individuals, but I'm not sure that same interpretation would be applied to media outlets. In terms of liability,
by omgwtfbyobbq 6y ago
They are narrowly interpreted as it relates to individuals, but I'm not sure that same interpretation would be applied to media outlets.
In terms of liability, as a property owner I have a much lower standards for care, custody, and control of an empty piece of property I have with a no trespassing sign than a corporation has for a sports stadium they run. I'm not certain that the standards for free speech by an individual in a single instance would be the same as the standards for a large media corporation across multiple instances.
How narrowly the court interprets "incitement" and "imminent lawless action" may be a function of the entity making them. An individual who is making political speech could say something that is considered protected, while a large corporation saying the same thing repeatedly, in a different context, may not be protected in the same way.
- rayiner 6y agoWhile the Supreme Court has not specifically ruled on incitement in the context of media outlets, it's clear from cases like New York Times v. Sullivan and Hustler Magazine v. Falwell that the Supreme Court is extremely protective of speech by media outlets.
- omgwtfbyobbq 6y agoThey are, in civil cases involving defamation and parody. I don't think a case involving any of the media outlets who are spreading misinformation about the election that could be related to federal crimes would be based on either of those.