8.12.2003

A Constitutional Lesson



Reuters "reports"" that Fox News is suing Al Franken. At issue is Franken's use of the phrase "fair and balanced" on the book's cover. Fox News uses that as a tag phrase for their news broadcasts. Says Lisa Johnson, spokeswoman for Franken's publisher:

In trying to suppress Al Franken's book the News Corp is undermining First Amendment principles that protect all media by guaranteeing a free, open and vigorous debate of public issues.
First Amendment...?

The First Amendment begins "Congress shall make no law...." Doesn't say a thing about a private business suing another for copyright infringement. Thus, Ms Johnson's statement is the usual rhetoric, an effort to wrap oneself in the safety and protection of the Constitution when it doesn't even apply.

Unless they want it to, in which case it would seem to me it could undermine the very notion of copyright protection. Is Fox's claim legit? I don't know. Seems like a debateable question, which means it goes to court. But no way is this a First Amendment issue. None at all.

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