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View Diary: Daily Caller runs Cory Booker 'scoop' peddled by crackpot conspiracy theorist (48 comments)

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  •  Actually, that's not correct (3+ / 0-)
    Recommended by:
    Bill W, Ahianne, SueDe

    That decision, New World Communications of Tampa, Inc. v. Akre, 866 So. 2d 1231 (Fla. 2d DCA 2003), simply held that because the FCC's prohibition against distorting the news was only a policy that the FCC had developed through the adjudicatory process, rather than an adopted rule, the plaintiff reporter could not state a claim under Florida's whistleblower statute. That statute prohibits retaliation against employees who disclose employer conduct that is in violation of a law, rule, or regulation. The term "rule" is specifically defined in the Florida whistleblower statute as an adopted rule, which in the administrative law arena is distinct from a policy developed through adjudication.

    So no matter how some people have blown it up elsewhere as giving Fox the green light to lie, this case is strictly one involving the narrow statutory interpretation of Florida's whistleblower statute -- not whether the FCC actually does prohibit news distortion. And it has no effect outside of Florida in any event.    

    Please, oh please, wingnuts, do run someone really, really conservative in 2016 -- and pen for us the opening chapter of "The Way of the Whigs"

    by Yankee Patriot on Wed Oct 16, 2013 at 03:42:57 AM PDT

    [ Parent ]

    •  It's been a while since I read the opinion. (0+ / 0-)

      I'll read it again, but "freedom to lie" was my take-away when I read it the first time.

      "In this world of sin and sorrow there is always something to be thankful for; as for me, I rejoice that I am not a Republican." - H. L. Mencken

      by SueDe on Wed Oct 16, 2013 at 09:06:21 PM PDT

      [ Parent ]

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