{"id":70357,"date":"2017-04-02T15:01:55","date_gmt":"2017-04-02T19:01:55","guid":{"rendered":"https:\/\/stateofthenation2012.com\/?p=70357"},"modified":"2017-04-02T15:03:20","modified_gmt":"2017-04-02T19:03:20","slug":"update-california-fake-news-ban-pulled","status":"publish","type":"post","link":"https:\/\/stateofthenation2012.com\/?p=70357","title":{"rendered":"UPDATE: California \u201cfake news\u201d ban pulled"},"content":{"rendered":"<h1 class=\"posttitle\">&#8216;FAKE NEWS&#8217; BAN DERAILED \u2026 FOR NOW!<\/h1>\n<p><!--more--><\/p>\n<h2 class=\"deck\">California proposing law that would make it illegal to share &#8216;false&#8217; story<br \/>\n<a href=\"https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2017\/04\/Constitution42.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-70358\" src=\"https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2017\/04\/Constitution42.jpg\" alt=\"\" width=\"606\" height=\"323\" srcset=\"https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2017\/04\/Constitution42.jpg 606w, https:\/\/stateofthenation2012.com\/wp-content\/uploads\/2017\/04\/Constitution42-300x160.jpg 300w\" sizes=\"auto, (max-width: 606px) 100vw, 606px\" \/><\/a><\/h2>\n<p>BOB UNRUH<br \/>\nWND.com<\/p>\n<p>A\u00a0\u201cfake news\u201d ban in California, a proposed law that would make it illegal to share a \u201cfalse\u201d story, has run into headwinds.<\/p>\n<p>A.B. 1104 was scheduled to be heard in a legislative committee this week, but at the last minute it was pulled from the agenda.<\/p>\n<p>Word of the change in plans came from the Electronic Frontier Foundation, which said, \u201cMemo to California Assemblyman Ed Chau: you can\u2019t fight fake news with a bad law.\u201d<\/p>\n<p>The organization said the proposal is \u201ca censorship bill so obviously unconstitutional, we had to double check that it was real.\u201d<\/p>\n<p><a href=\"http:\/\/leginfo.legislature.ca.gov\/faces\/billNavClient.xhtml?bill_id=201720180AB1104\">The actual document reads:<\/a> \u201c18320.5. It is unlawful for a person to knowingly and willingly make, publish or circulate on an Internet Web site, or cause to be made, published, or circulated in any writing posted on an Internet Web site, a false or deceptive statement designed to influence the vote on either of the following:<\/p>\n<p>\u201c(a) Any issue submitted to voters at an election.<\/p>\n<p>\u201c(b) Any candidate for election to public office.\u201d<\/p>\n<p><i><a href=\"http:\/\/www.wnd.com\/sign-up-for-wnds-free-email-alerts\/\">Get the hottest, most important news stories on the Internet \u2013 delivered FREE to your inbox as soon as they break! Take just 30 seconds and sign up for WND\u2019s Email News Alerts!<\/a><\/i><\/p>\n<p>Explained EFF, \u201cIn other words, it would be illegal to be wrong on the Internet if it could impact an election. The bill is unconstitutional under U.S. Supreme Court case law (see our opposition letter for more information on that), and likely to draw immediate and costly lawsuits if it is signed into law.\u201d<\/p>\n<p>But the organization explained that \u201cno law and certainly not A.B. 1104,\u201d will solve the problem of \u201cfake news\u201d that \u201cmany believe plagued the 2016 election.<\/p>\n<p>\u201cAmerican political speech dating back as far as the John Adams-Thomas Jefferson rivalry has involved unfair smears, half and stretched truths, and even outright lies,\u201d the group said.<\/p>\n<p>The organization issued a warning about the idea: \u201cThis bill will fuel a chaotic free-for-all of mudslinging with candidates and others being accused of crimes at the slightest hint of hyperbole, exaggeration, poetic license, or common error. While those accusations may not ultimately hold up, politically motivated prosecutions \u2013 or the threat of such \u2013 may harm democracy more than if the issue had just been left alone.<\/p>\n<p>\u201cFurthermore, A.B. 1104 makes no exception for satire and parody, leaving The Onion and Saturday Night Live open to accusations of illegal content. Nor does it exempt news organizations who quote deceptive statements made by politicians in their online reporting \u2013 even if their reporting is meant to debunk those claims. And what of everyday citizens who are duped by misleading materials: if 1,000 Californians retweet an incorrect statement by a presidential candidate, have they all broken the law?\u201d<\/p>\n<p><a href=\"http:\/\/heatst.com\/politics\/first-in-the-nation-california-attempts-fake-news-ban\/\">A report at HeatStreet<\/a> said, \u201cThe text of the bill implicates anyone who writes, publishes or even <i>shares<\/i> news stories they know could be false, if those news stories later have an impact on an election.\u201d<\/p>\n<p>The report explained there is one exemption: \u201cThe bill does say that you have to \u2018knowingly and willfully\u2019 make reference to a set of \u2018alternative facts,\u2019 but it doesn\u2019t give details on who would determine a story is \u2018fake news\u2019 or, for that matter, what a \u2018fake news\u2019 story even is.\u201d<\/p>\n<p>But the danger is large:<\/p>\n<p>\u201cBased on the approach taken in the wake of the 2016 campaign, \u2018fake news\u2019 seems to mean a host of different things, from wrong-headed political opinions, to stories that look fishy and are later proven to be false or misleading. Based on this law, it also seems to include any story posted on social media that appears to be politically biased, or comes from any source with an editorial slant,\u201d the report said.<\/p>\n<p>___<br \/>\n<a href=\"http:\/\/www.wnd.com\/2017\/03\/fake-news-ban-derailed-for-now\/?cat_orig=politics\">http:\/\/www.wnd.com\/2017\/03\/fake-news-ban-derailed-for-now\/?cat_orig=politics<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8216;FAKE NEWS&#8217; BAN DERAILED \u2026 FOR NOW!<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-70357","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts\/70357","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=70357"}],"version-history":[{"count":0,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=\/wp\/v2\/posts\/70357\/revisions"}],"wp:attachment":[{"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=70357"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=70357"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stateofthenation2012.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=70357"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}