There is but a week to go before the mid-term elections, and political ads blanket the airwaves across the country. From discussions that I have had with many attorneys, broadcasters and other campaign observers, the ads this year have been particularly aggressive. Some publications have even suggested that, in the waning days of the campaign, the ads may become even worse as desperate campaigns look for some last-minute claim that could turn the tide in an election. In this rush to election day, broadcasters need to be on the alert for allegations that an attack ad from a non-candidate group is false or defamatory, because in certain instances, the ad could result in a claim against the broadcaster.
As we have written before, broadcasters (and local cable companies) are forbidden from censoring the message of a candidate (see, for instance, our articles here and here). Section 315 of the Communications Act forbids a broadcaster or a local cable operator from censoring a candidate ad. Because broadcasters cannot censor candidate ads, the Supreme Court has ruled that broadcasters are immune from any liability for the content of those ads. (Note that this protection applies only to broadcasters and local cable companies – the no censorship rule does not apply to online distribution – see our articles here and here – so other considerations need to be considered when dealing with online political ads). But some have taken that to mean that broadcasters have no fear of...
A federal jury has convicted a San Francisco man of conspiracy, wire fraud, and money laundering in connection with a scheme involving fraudulent insurance claims on already-wrecked vehicles, pros...