(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Political Advertising That Lies and Legal Lies [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2024-11-03 It's all those political ads you see. Why is it legal to lie? Because it's protected political speech. Legal Lies is a pun on legalize. I thought the sky was the limit because of political free speech. You could get away with anything you wanted to say. In reality, one can still sue for libel and defamation. It's just really difficult to get past the political free speech problem. Libel is printed or written. Defamation is oral or verbal. When the subject is a public figure it becomes even harder to pursue either a liable or defamation case, because the person has thrust themselves into the public eye. In 2002 the Bipartisan Campaing Reform Act was passed along with the Stand By Your Ad provision. That requires the candidate to say at the end of the ad that "I approved this message." This prevents underhanded tactics where the candidate says they didn't have anything to do with it. If the candidate did not make the ad or pay for it, then the party who was responsible has to identify themselves at the end of the ad. While the Federal Elections Commission hasn't actually ruled on it yet, there's enough in the Federal Election Campaign Act of 1971 where artificial intelligence would not be allowed to make a candidate say or perform something they hadn't done. What about all the different platforms used for advertising? Who is liable for libel or defamation? You've got broadcast TV and radio, cable TV, newspapers, magazines, streaming platforms, and social media. Internet social media platforms are currently out of reach due to Section 230 of the Communications Decency Act. They are carriers of information, but not responsible for what is disseminated on them. There is a great deal of discussion and proposed legislation that would require platforms like X, Facebook and others to police content, especially that directed at children. States passed laws that were challenged but the Supreme Court sent them back to lower courts. No Federal laws have been passed, yet. Newspapers, magazines, books and advertisements (not political) are liable for their content because they have editorial control over what they publish. Broadcast TV and radio stations are licensed and regulated by the FCC. The Equal Time rule, 47 U.S.C ยง 315, requires the stations to treat opposing candidates equally. Equal time. You offer it to one candidate for free, you must do so for the other. You must treat them the same for advertising and the amount paid. They could be held to account for airing an ad that they know is false and defamatory. Cable TV or streaming platforms could be liable. They are not covered by Section 230 or the Fairness Doctrine. These are paid for services so they have control over what they accept in content and advertising. In these last days before the election, we are bombarded with political advertising on TV. Trump ads blame the whole "transgender crisis" on Harris. That she wants the government to pay for transgender surgery and transition care for those in prison. This is from a statement that Harris made during the 2019 primary. The Trump campaign added on that it was for illegal aliens as well. That was a lie. Harris didn't walk back her statement but she said she would follow the law. Federal Law requires necessary medical care for inmates. Courts have said that this applies to necessary gender care. Another ad by Trump uses newspaper headlines that are deceptively edited to say Harris said one thing when she said something else. Here's a list of them in the ad: "The New York Times": 'Harris is seeking to significantly raise taxes,' August 22, 2024." They snipped out: "on the wealthiest Americans and large corporations." "CBS News: 'Harris vows to keep Biden's border,' September 28, 2024." and left out: "crackdown: United States is a sovereign nation." See how careful editing can mislead even in print form? "NBC News: 'Welfare for illegals,' March 28, 2018." The voiceover says "giving welfare to illegals while Americans struggle." This was an opinion piece that was 6 years old and had nothing to do with Biden or Harris. It was about the Deferred Action for Childhood Arrivals, which temporarily blocked deportation for immigrants who were brought to the US as children. "NBC News: 'Economic Worries Persist,' October 10, 2024." This time they cut out the front of it that said: "Inflation is down from pandemic highs, but,". The narrator says, "It's time to turn the page on Joe's and Kamala's failed agenda." This was actually a Facebook post and the NBC News article it's linked to said, "Inflation cools to the lowest level since 2021." Not exactly the same thing, is it? Politifact dissected ads by a group called Progress 2028 which makes you think they are by Democrats. They say completely misleading statements about Harris's policy positions. Next to her picture they say, "We're beyond thrilled to have Kamala on our side for banning fracking ... Imagine a world without gas powered vehicles! See her vision for our future." She said in 2019 while she was campaigning for president that she would ban fracking. But when she joined Biden's campaign in 2020 she changed to not banning fracking. She has said that repeatedly when asked over the last 4 years. "Under Kamala's passionate leadership, no undocumented immigrant would be left behind when it comes to receiving crucial Medicare payments. Drop a line to thank Kamala." This is an outright lie. And an impossible statement because undocumented immigrants cannot by law get Medicare payments. You have to be a US citizen. "Kamala Harris will champion the right of minors to access the care they need without fear of parental intervention or discrimination. Let's transform our schools into the most trans-friendly environments possible!" The Republicans have made LBGTQ+ society a rallying cry against civil rights. They just can't get a grip on people being different and still being part of America. This gets really close to libel and defamation by deliberately having Kamala supporting positions she's never advanced. I'm sure Progress 2028 has a bunch of lawyers advising them on how far they can go. The group behind Progress 2028 is actually called Building America's Future. Progress 2028 was registered as a fictitious name, an alternative name a corporation can use instead of it's real name. The Building America's Future PAC has raised over 100 million dollars over the last 4 years. It's no surprise that Elon Musk is one of their contributors. The Progress 2028 website is disguised as a pro Harris and Walz campaign website. In all likelihood they haven't broken the law with the website, but they could have with the broadcast ads. Then again, maybe the website, too. The website is really something. Giving illegal immigrants driver's licenses is a pathway to the future. Harris is all for a mandatory gun buyback program. Undocumented immigrants are the backbone of the country so let's have a lot more of them. She's the author of The Green New Deal and wants to ban fracking. All of these are lies. Kamala hasn't said any of them. This is treading a fine line between legal and illegal.They don't actually quote her saying these things, they just say Kamala is for, and then follow it up. If they had actually put words in her mouth with quotes, then they would be legally liable, no question. These are put forth as a statement of fact, not opinion. These could be grounds for a defamation lawsuit. It's just really complicated. The legal lies will continue because of the First Amendment. Trump has twisted it and broken it in so many ways. When he loses on Tuesday, we'll see how many more lies he tries to get away with. He will declare victory, file dozens of lawsuits challenging results in states, counties and districts, judge shopping wherever he can. The aftermath will be messier and more violent than in 2020. There could be a march on the Capitol, but this time the Capitol Police and the National Guard will be prepared. [END] --- [1] Url: https://www.dailykos.com/stories/2024/11/3/2282206/-Political-Advertising-That-Lies-and-Legal-Lies?pm_campaign=front_page&pm_source=more_community&pm_medium=web Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/