FAKE NEWS

We follow our 4 a.m. talking points.

Legalanons,

The attached graphic is a thought still being baked. In its current form it does not have a snowball's chance in hell of surviving a Supreme Court challenge. Not certain I would want it to (see below).

Could your trained legalanon minds think of a different approach for this where FAKE news potentially loses it's First Amendment protection, and even permission to broadcast on FCC controlled media?

It also has to have a difficult enough threshhold for enforcement that conservative news doesn't get taken down if the political winds of fortune turn against us. That's why the word "knowingly" is included and a provision to take away a strike by publishing retractions is included.

Could there be a way that would more easily make FAKE news legally and financially liable without approaching the first amendment buzzsaw?

The chance of having this backfire on conservative news is my main reluctance to even broach the subject to begin with.

Any constructive thoughts?