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Published Tuesday, Jan. 15, 2008 | 3:45 p.m.
Updated Thursday, Oct. 30, 2008 | 2:14 p.m.
It’s three hours before tonight’s scheduled Democratic debate on MSNBC, yet it remains unclear whether long-shot Dennis Kucinich will be allowed to participate.
A decision is expected from the seven-member state Supreme Court by 6 p.m., the chief justice said at the close of a hastily arranged hearing this afternoon. Four justices were based at the Regional Justice Center in Las Vegas, where Kucinich was in attendance but did not speak; the three other justices participated via a video feed from Carson City.
In District Court on Monday, Kucinich’s attorney alleged NBC Universal had breached a contract by withdrawing an invitation to the Ohio Congressman, which was backed by a judge. NBC appealed the decision this morning, prompting this afternoon’s hearing.
Last week, NBC – through a political consultant – invited the Ohio Congressman by e-mail to participate tonight, yet on Friday withdrew it after changing the participation criteria.
NBC News now plans to only include the three front-runners in tonight’s debate: Hillary Clinton, John Edwards and Barack Obama. In a brief interview with reporters after Tuesday’s hearing, Las Vegas attorney Donald Campbell, representing NBC Universal, said he is “not equipped” to address whether its cable network has a fourth candidate station in the event the Supreme Court uphold the decision by the District Court.
In court Tuesday, Campbell contended denying NBC News the right to modify its criteria would infringe on the company’s First Amendment rights.
“Simply because you allege breach of contract doesn’t lessen the burden of the First Amendment,” he said.
He later said abridging First Amendment rights would amount to prior restraint.
“It’s clear and it’s unequivocal … and it’s also unconstitutional,” Campbell said.
Kucinich’s attorney, William McGaha, told the court the contract was “serious” and denying the representative the stage tonight “would be detrimental to voters.”
“Is it an important public interest?” he asked.
Down with the mainstream media! Does Rupert Murdoch own MSNBC too?
That's a lame legal argument by NBC. People (and companies - which are "legal persons" under the law) waive their Constitutional rights all the time through contracts. If they're arguing that it wasn't a valid contract that's fine, but there's no mention of it in this article. Next time they better think twice before issuing an invitation and then taking a candidate's acceptance.
Bigger question is "Whatever happened to the journalistic principle of "equal time", and "Why don't we have publically funded elections?"
NVMojo wrote: Does Rupert Murdoch own MSNBC too?
REPLY: Re Does Murdoch own MSNBC too?
No. GE (with their interests in Big War--quite a large block of shares in Raytheon Corp.-- and Nuclear Power) They're worse.
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http://greenpagan.newsvine.com/
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fdegiac
Check it out:Contract or No Contract, Don’t Mess With Dennis Kucinich…!
William McGeveran writes:
I checked with my friend and colleague Dan Schwarcz, who teaches contracts here at the University of Minnesota. He said the claim is not necessarily loony. As you learn the first semester of law school, a contract requires and offer and an acceptance (check, check) and then some “consideration” by both sides — essentially an exchange for value. But Dan points out that under a “unilateral contract,” the network can offer value in exchange for Kucinich doing something. Dan’s example: if I offer you $500 to walk across the Brooklyn Bridge, and you do it, then I owe you.
The complication here is that the promise seems to have been withdrawn before Kucinich began to fulfill his part of the bargain. (Indeed, Kucinich learned of the judge’s decision when an aide passed him a note while he was appearing on Fox Business Network and the candidate said, “Holy smokes! I just found out. I have to get off the phone now. I have to make plans to go to Nevada.” Sounds like a law school exam question about whether Kucinich had begun performance…).
I guess the moral of the story is: when inviting guests for your news show, always tell them that the invitation is subject to change. Either that or: don’t mess with Dennis Kucinich.
http://blogs.law.harvard.edu/infolaw/200...
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It is so important in this "land of the free"
that any candidate who legitimally seeks office
be given the same opportunity to be heard as
all the other candidates.
NBC is wrong in trying to silence Kucinich,
just as ABC was wrong in keeping Kucinich out of their debate last week.
The air waves belong to the people and not the corporate interests.
PJ
Thank God for justice ... at least for now! I'm supporting Dennis because of his campaign platform & because he doesn't give up. He stands up for what is right! That's the kind of Pres. we need ... THAT would be a CHANGE!
Will the other Democratic candidates have the guts now to walk out on the war profiteers' debate?