This 2014 booking photo released by the Metropolitan Nashville Police Department shows Mark “Chris” Sevier after his arrest for harassment threats against country singer John Rich. (Metropolitan Nashville Police Department via AP)NASHVILLE – Two Tennessee lawmakers have introduced legislation that seeks to force news outlets reporting about criminal charges or civil lawsuit claims to follow up on case outcomes if subjects of the articles demand it.
If they refuse, newspaper, television, radio and web-based news outlets would risk being subjected to court-ordered damages of $10,000, attorney fees and “other forms of equitable and injunctive relief” under the legislation.
Experts say the bill, dubbed the “Stop Guilt By Accusation Act,” which seeks to invoke a “defamation in kind” provision, violates the U.S. Constitution’s First Amendment’s guarantee of freedom of the press.
“This bill is unconstitutional. It’s not a close call,” said Ken Paulson, director of the Free Speech Center at Middle Tennessee State University. “The U.S. Supreme Court has ruled clearly that you cannot compel speech, that’s the operative phrase, the First Amendment protects not only your speech but also your right not to speak.”
Paulson, an attorney, former reporter and one-time editor-in-chief of USA Today, also noted “the legislature cannot impose publication requirements on news organizations. Just as it cannot force a legislator to apologize for introducing a clearly unconstitutional bill.”