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Comment by ahmeneeroe-v2 | Hacker News Reader

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Even if he did lie, that's absolutely protected speech and the FCC is out of line. Every Constitution-respecting American knows this and would be against the FCC saying anything no matter what party was in charge.

The speech itself may be protected, but it endangers ABC's broadcast license. If ABC knowingly broadcasts a lie the broadcast of that lie causes harms, then it is in violation of FCC's section 73.1217, which specifically exists to thwart against "Broadcast Hoaxes"

In fairness to the provision, I think it's outdated, and I've argued against its relevance and that it seems unlikely to me to stand up in any court that interprets 1A jurisprudence to a modern standard, but the law exists and exists specifically to prevent against broadcast lies.

https://www.law.cornell.edu/cfr/text/47/73.1217

If that's the case, then Fox News would be in a heap of trouble.

Okay, then the person he lied about can file a defamation suit. That still doesn't fall within the FCC's regulatory authority, so far as I can tell. They're not the arbiters of what is and isn't a lie; a judge or jury during the defamation trial is.

The FCC is well enabled to make judgment calls. Yes a network can bring that judgement call in front of an actual judge in a court of law. That doesn't mean the FCC lacks the authority for such calls, only that the judge likely has higher authority.

Do you have an example of the FCC enforcing action against a television broadcaster or personality for saying something materially similar to what Kimmel said, at the same time slot and same genre of programming, on the basis that it was false and/or defamatory, without any sort of pre-existing court case related to the same?

insane standard. how would you ever govern with that as your standard?

It's just looking for precedent for what you're saying.

> having terrible ratings.

Not true. His ratings have him right in the middle of the pack: https://latenighter.com/news/ratings/late-night-tv-ratings-q...

Look at you straight-up parroting Trump's comments.

I assure you Trump did not invent "jimmy Kimmel isn't funny"

Beautiful motte you've got there.

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