Strengthening Constitutional Self-Government

No Left Turns


Sen. Rockefeller wants to ban the free press

Politicians always complain about their press coverage, but over at Real Clear there's video of Senator Jay Rockefeller from West Virginia saying that it would be a lot easier for Congress to do its job if the FCC would just ban "the Left and the Right" from the airwaves (specifically, MSNBC and FOX).

While we're at it, maybe the FCC can muzzle politicians who are bad for "political discourse", or at least the ones who hate the Constitution.

When is that guy up for re-election?

Categories > Politics

Discussions - 5 Comments

Your Honor, Jay Rockefeller doesn't hate the constitution.

Rather it is this Dr. Sikkenga character who is colorably guilty of seditious libel.

Both Dr. Sikkenga and the honorable Jay Rockefeller are aware that since Marbury v. Madison it is the function of the Supreme Court to decide what is constitutional.

Jay Rockefeller simply said that he had a "bug" or a desire to undertake consideration of policy that in his opinion would serve the national interest, and address a compelling state interest.

Neither Jay Rockefeller nor, Dr. Sikkenga could reasonably believe that any such action if it were to be undertaken by the FCC persuant to any statute or CFR would pass constitutional muster, both are sophisticated parties well apprised of the fact that such action would be deemed content based and would fail strict scrutiny.

In addition neither Jay Rockefeller nor Dr. Sikkenga believe there is anyway that legistlation that would accomplish this could be narowly tailored.

So the only crime that the honorable Jay Rockefeller could be guilty of is conspiracy to articulate a legitimate state interest, that is unconsitutional on other grounds.

In Meyer v. Nebraska 262 US 390 (1923), Justice McReynolds discussed Plato and concluded that "a desireble end cannot be promoted by prohibited means."

Justice McReynolds howhever did not go so far as to suggest that a desireable end cannot be contemplated or pondered in leisure if it cannot be promoted except by prohibited means. The first ammendement, protects thought and speech.

Leaving aside the fact that Dr. Sikkenga as a sophisticated party is well acquainted with Plato and Alexis de Tocqueville, Senator Jay Rockefeller alledges that the compelling state interest for consideration is "soft tyranny" stemming from "soft money" and "soft fact massaging" by the mainstream media, he means only to help articulate and refine the compelling state interest recognized by Justice Stephens, and 3 other judges in Citizens United v Federal Election Commission, 130 S.Ct. 876 (2010).

He believes that democracy is under attack by a group of demogogues consciously working to deceive and mischaracterize everything he does, and that while as a public figure he would be afforded time for rebutal the problem is systemic and not subject to an explanation that must occur in soundbites which are then simply additional grist for the distortion mill. Factually the compelling state interest is illustrated by the gallup polling showing historically low confidence in Congress.

He was also guilty of glaring stupidity if he was trying to portray MSNBC and FoxNews as somehow equivalent left-right extremes.

They are not.

True enough -- MSNBC is much deeper in the tank for the Left than Fox is for the Right.

Please do elaborate on that, Redwald.

Just an observation, Craig. When you compare two opposing attack dogs (say, Beck and Olbermann), I don't think I've ever heard Keith say that the Dems were as scummy as the Republicans. Beck has in fact said that there is no real hope in electing Republicans. There are many more examples of Fox broadcasting "rightest" speech that is more principled than political. I also think they do a better job of having political counterweights on their discussion panels than MSNBC does.

Besides, Craig, the fact that SANITY is always more fair and balanced than INSANITY suggests that FOX is better source of news and opinion.

P.S. The fact that "Hannity" rhymes with "sanity" tells you what you need to know (but of course I think you need to be sound of mind to embrace that simple truth, which alas my good sir would exclude you from this enlightenment).

Leave a Comment

* denotes a required field

No TrackBacks
TrackBack URL:

Warning: include(/srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/sd/nlt-blog/_includes/promo-main.php): failed to open stream: No such file or directory in /srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/2010/11/sen-rockefeller-wants-to-ban-the-free-press.php on line 544

Warning: include(): Failed opening '/srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/sd/nlt-blog/_includes/promo-main.php' for inclusion (include_path='.:/opt/sp/php7.2/lib/php') in /srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/2010/11/sen-rockefeller-wants-to-ban-the-free-press.php on line 544