Kucinich, Paul, and Free Speech
Kucinich, Paul, and Free Speech
In some minds, the exclusion of Dennis Kucinich and Ron Paul from televised presidential candidates’ debates raises Freedom of Speech questions.
As the Nevada caucuses approached, NBC and Fox didn’t see their White House prospects as strong enough to justify their sharing air time with the front-runners.
NBC originally invited Kucinich but changed its mind. Paul won more votes than Fred Thompson in New Hampshire, but Thompson took the debate podium. Most Nevada caucus goers may not have intended to stand for Kucinich or Paul, but some of them might have liked to hear what they had to say. It might have made for a better show, too: Kucinich and Paul’s rhetoric can be entertaining.
But are there First Amendment implications? Not according to the courts. In pertinent part, the amendment reads: “Congress shall make no law…abridging the freedom of speech, or of the press….” Since 1931, that prohibition has applied as well to the states and their subdivisions, but it has never been held to translate into an individual’s right to command an inch of newsprint nor a second of air time.
Since broadcasting’s early days, the federal government has had the right to regulate use of the scarce airwaves, and Congress gave the Federal Communications Commission authority over content. In an age of deregulation and cablecasting, however, even the equal-time rule has been abandoned.
Below is a clip from an interview with Craig Aaron of freepress.org who says perhaps we should be looking at the First Amendment in a more holistic manner. The topic was the way in which new media and the Internet affect freedom of speech. He spoke months before the Nevada contest, but his comments were prescient.
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