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originally posted by: Sookiechacha
a reply to: ElectricUniverse
It might not be fake news. It might not be a false story. We just don't know.
Gag Orders
www.mtsu.edu...
Judges interpreted Sheppard as an authorization to impose gag orders on trial participants, but some even began to place them on the media. The Court dispelled this latter notion, setting a high bar for such orders in Nebraska Press Association v. Stuart (1976). This case arose from the 1975 trial of Erwin Simants, who was charged with murdering six people. The county judge issued a gag order barring the media from reporting on Simants’s confession, statements he made to others, contents of notes he had written on the evening of the murders, as well as other potentially damaging information. The Supreme Court invalidated the judge’s order, ruling that media gag orders must meet a heavy burden and that courts must stringently demonstrate the need for them. Rather than issuing gag orders, courts should consider alternatives, such as change of venue, trial postponement until public attention fades, rigorous voir dire (or jury selection procedures), and jury sequestration.
LEAKS AND THE MEDIA
www.freedomforuminstitute.org...
Gag Orders
www.mtsu.edu...
LEAKS AND THE MEDIA
www.freedomforuminstitute.org...
I betcha O'Donnell had that retraction all written out already when he submitted it with the show's outline to MSNBC Legal. He knew from the get go, that if they had "verified" the info, they wouldn't have been able to do the show. The judge would have gagged them.
It was deliberate calculated misinformation.
originally posted by: Sookiechacha
a reply to: neutronflux
Who would have stopped them?
O'Donnell said that "if they had done the vigorous research they should have, they would not have been allowed to run the story.
I think O'Donnell knew that, and that's why they didn't do the research, because it would have led them back to the federal court, that would have slapped them down.
That's why I think O'Donnell probably submitted his retraction at the same time he submitted his show's outline to MSNBC's legal team. They knew that they would be violating the court's protocols to release those papers before the court had a chance to review them, regardless of Trump's legal team. But, they took a calculated risk, to get the word out, anyway.
In the 1976 case Nebraska Press Association v. Stuart, the Supreme Court created a three-part test to evaluate the constitutionality of a gag order that stopped a newspaper from publishing any confessions an accused murderer made to law enforcement: whether the publicity would harm the defendant’s right to a fair trial, whether the gag order is the least restrictive means possible to ensure that fairness, and whether the gag order will be effective.[6] Requiring a gag order to satisfy each condition, the Court said, would ensure that both the First Amendment and the Sixth Amendment would be respected.[7]
law.yale.edu...
O'Donnell said that "if they had done the vigorous research they should have, they would not have been allowed to run the story.
Lawrence O'Donnell's "fake news" fail: A gift to Trump, and a moment of reckoning for the media
www.salon.com...
This wasn’t a “story.” It was what we used to call a “blind gossip item,” in the days before those were rebranded as “news.” It hadn’t been fact-checked or verified in any way. As O’Donnell has admitted, he didn’t clear his anonymous-source reporting with anyone at NBC News before going live with it, as is standard practice at all reputable news organizations. Oliver Darcy’s follow-up report at CNN Business drily added:
But there were so many red flags around this so-called reporting from the beginning that it’s deeply disheartening anyone took it seriously. O’Donnell admitted that he hadn’t seen any evidence that this was true — and neither had his unnamed source, who was “close to Deutsche Bank” but not close enough, evidently, to have personally laid eyes on the paperwork. In other words, this was no better than a second-hand barroom rumor: O’Donnell knows a guy who knows a guy, who quite possibly knows another guy. Who has a cousin.
www.salon.com...
originally posted by: xuenchen
originally posted by: OccamsRazor04
a reply to: RexKramerPRT
The IRS also has them. Obama's IRS. That targeted Republicans.
Which would normally mean the returns would have "leaked" by now if anything substantial was "there"-"there" 😃
originally posted by: Sookiechacha
a reply to: shooterbrody
I betcha O'Donnell had that retraction all written out already when he submitted it with the show's outline to MSNBC Legal. He knew from the get go, that if they had "verified" the info, they wouldn't have been able to do the show. The judge would have gagged them.
But, they did the show.
Whether this information is true, or not. That show was a deliberate calculated risk.