Network Ad Refusal: Trump Has No Clue How Free Speech Works – Peacock Panache

Posted: May 6, 2017 at 3:24 am

In astatement released by the Trump 2020 campaign this afternoon, Donald Trump argued that media outlets ongoing refusal to accept his First 100 Days self-congratulatory adinfringes on his First Amendment free speech rights. In reality, privately-owned media companies are under no legal obligation to accept political advertisements.Moreover, the First Amendments free speech provisions apply only to government censorship of speech.

In the press release, Trumps 2020 campaignstated:

Setting a chilling precedent against free speech rights, Donald J. Trump for President, Inc. has just learned that now, all of the mainstream media television networks have decided to block the paid placement of a campaign ad that celebrates the achievements of President Trump in his first 100 days in office. The ad was first released on Monday, May 1. Since then, one by one, the mainstream TV networks have blocked the ad from running, including CNN, ABC, CBS, and NBC.

Lara Trump, the wife of Eric Trump and daughter-in-law of President Trump, who serves as a consultant to Donald J. Trump for President, Inc. said: Apparently, the mainstream media are champions of the First Amendment only when it serves their own political views. Faced with an ad that doesnt fit their biased narrative, CNN, ABC, CBS, and NBC have now all chosen to block our ad. This is an unprecedented act of censorship in America that should concern every freedom-loving citizen.

On Thursday night, Lara Trump, defended the ad on Fox News Channels Hannity, stating, Its a great ad and it highlights all the wonderful things that have happenedIts really disappointingthis is supposed to be a free society. We have freedom of speech. The fact that this ad is not being shown on CNN, on NBC, on CBS, on news networks who have a duty to report to the public the factsis really, really ridiculous to me. Its really sad.

The statement contains a few glaring errors.

For starters, accepting paid political advertising is not the same thing as a duty to report to the public the facts. In fact,researching, checking and reporting on facts is the reason the advertisement was rejected by every major network.

Moreover, Trump doesnt seem to have an understanding of broadcast regulations and what qualifies as censorship. The Washington Post touched on this noting:

In this case, the free-speech argument is not a winning one. TV stations even over-the-air broadcasters, which are subject to tighter regulation by the Federal Communications Commission than their cable counterparts do not have to allow the president to buy airtime for his ad.

Hereis the relevant FCCrule:

No station licensee is required to permit the use of its facilities by any legally qualified candidate for public office, but if any licensee shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such licensee shall have no power of censorship over the material broadcast by any such candidate.

Remember: Were talking about candidates for president in 2020. Trump doesnt have opponents yet not any serious ones, anyway, and certainly none buying ad time.

If, for example, Martin OMalley were already in the race and if ABC, CBS and NBC affiliates had been airing his commercials, those stations would have no choice but to show Trumps, too. And they would haveno power of censorship.

But the networks, which are not licensed by the FCC, do not have to show Trumps ad, and their affiliates can turn down Trump, so long as they have not said yes to any other 2020 presidential candidate.

Basing their refusal to air the ad in law and logic, every major media network has thus far refused to accept Trumps newest political ad for the 2020 elections.

CNN was the first network to reject Trumps ad. In a public statement accompanying the refusal, they explained,CNN requested that the advertiser remove the false graphic that says the mainstream media is fake news,. The mainstream media is not fake news, and therefore the ad is false. Per our policy, it will be accepted only if that graphic is deleted. Those are the facts.

After CNNs statement,Trump campaign executive director Michael Glassner released a statement condemning the action saying, It is absolutely shameful to see the media blocking the positive message that President Trump is trying to share with the country.

This is censorship pure and simple, Glassner added. By rejecting our ad, CNN has proven that it supports censorship is biased and fears an opposing point of view. President Trumps loyal supporters know the truth: The mainstream media mislead, misguide, deceive, and distract. CNN epitomizes the meaning of fake news and has proven it by rejecting our paid campaign ad.

Subsequent to CNNsrefusal earlier this week, three other networks rejected Trumps ad.

Consistent with our policies, we have agreed to accept the ad if the inaccurate graphic which refers to journalists as fake news is corrected, said NBC commenting on their public refusal toaccept the campaigns political advertisement.

ABC and CBS have not yet madeany public statements.

At the heart of the matter other than thelegal fact that no network is currently required to accept Trumps ad and that refusing to air a political candidates ad does notconstitute an abridgment of free speech lies the ad itself.

The crux of every networks refusal to accept the Trump campaigns advertisement is Trumps ongoing mischaracterization of what constitutes fake news. While the phrasefake newsrefers to the spreading of false information and hoaxes with the intention to mislead its audience, Trump uses the term to refer to perceived bias and/or critical coverage of his campaign and administration in mainstream media reporting.

Thelatter is not fake news, and labeling it as such is inappropriate.

In Trumps campaign ad, photos ofNBCs Andrea Mitchell, CNNs Wolf Blitzer, MSNBCs Rachel Maddow, ABCs George Stephanopoulos, and CBSs Scott Pelley have the phrase fake news superimposed over their faces in bold red capitalized letters.

The arrogance and ignoranceinherent in the Trump 2020 campaign and Trump administration responses to the ad refusal demonstrate yet againeverything Trump does is not normal.

As SlatesWill Oremus succinctly put it, Trump is now calling CNN fake news on the grounds that CNN declined to air pro-Trump propaganda calling CNN fake news. Say what you will about his politics, you have to hand it to the president: Hes making tautologies great again.

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