I'm not a big fan of the Wall Street Journal's John Fund, but he is absolutely right about this Al Franken quote:
Al Franken, the liberal former Air America host who is now running for the Senate in Minnesota, is already slipping into the role of potential legislative censor of his old industry. "You shouldn't be able to lie on the air," he told Newsweek's Mr. Fineman earlier this year. "You can't utter obscenities in a broadcast, so why should you be able to lie? You should be fined for lying."
In fact, you can be "fined" for lying, if the person you lie about successfully sues for defamation. But the First Amendment makes it exceedingly difficult for defamation plaintiffs to prevail, especially if they are public figures--and for good reason. Under a more pro-plaintiff legal regime, "the pall of fear and timidity imposed upon those who would give voice to public criticism is an atmosphere in which the First Amendment freedoms cannot survive," Justice William Brennan wrote in New York Times v. Sullivan (1964).
I have obviously devoted a lot of effort to fighting misinformation, but government-imposed fines for "lying" would silence speech and lead to the prosecution of political minorities. Views like that have no place in the US Senate.
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