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Tuesday, April 10, 2007
Robert Paisola's misunderstanding of the constitution
Recently Western Capital CEO Robert Paisola made the following comment on his website relative to defamation:
You must understand that there are certain constitutional privileges for members of the media,
The first ammendment of the constitution does not extend any "privileges" to any organization or class.
Let's see exactly what the first ammendment says and analyze its meaning:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press
Quite simply, it states Congress shall make no law respecting.....freedom....of the press.
The first ammendment only limits the governments ability to make laws that would interfere with the publication or disemination of information. In other words, censorship by the government.
Nowhere does the constitution create a "privilege" or preemption for the press, or anyone for that matter, to publish comments that, under state statutes or common law, could be prosecuted as defamation.
You must understand that there are certain constitutional privileges for members of the media,
The first ammendment of the constitution does not extend any "privileges" to any organization or class.
Let's see exactly what the first ammendment says and analyze its meaning:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press
Quite simply, it states Congress shall make no law respecting.....freedom....of the press.
The first ammendment only limits the governments ability to make laws that would interfere with the publication or disemination of information. In other words, censorship by the government.
Nowhere does the constitution create a "privilege" or preemption for the press, or anyone for that matter, to publish comments that, under state statutes or common law, could be prosecuted as defamation.
// posted by E. Normis Debtor @ 2:22 AM 
