Kucinich and the First Amendment

Gregg Leslie | Content Regulation | Reaction | January 8, 2008

Dennis Kucinich's "equal time" complaint to the FCC over his exclusion by ABC from last weekend's candidates debate indicates the candidate may not have a strong grasp of the First Amendment.

Even though the FCC has long been able to regulate broadcasters because of the perceived scarcity of the broadcast spectrum, the authority -- especially if the commission were to actually control which candidates could appear in a televised debate -- clearly violates the plain text of the First Amendment, which prohibits governmental interference with a free press.

The distinction is lost on some, but could not be clearer in the constitution itself -- it is not a "free speech promotion" amendment that encourages government to enforce diversity of voices, but instead a flat-out prohibition on interference.

Another way of saying it -- what part of "make no law" does Dennis not understand?