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-----Original Message-----
From: "Joseph E. Olson" <[EMAIL PROTECTED]>
Sent: Apr 16, 2004 12:58 PM
To: [EMAIL PROTECTED]
Subject: Guns and the First Amendment

http://www.foxnews.com/story/0,2933,117233,00.html 

NRA to Launch News Company

Friday, April 16, 2004

WASHINGTON ? The nation's gun lobby is creating an "NRA news" company that will 
produce a daily talk show for the Internet, buy a radio station and seek a television 
deal to spread its gun-rights message nationwide.

Looking for the same legal recognition as mainstream news organizations, the National 
Rifle Association (search) says it has already hired its first 
reporter, a conservative talk radio host from Oklahoma. NRANews.com plans to start 
online broadcasts Friday.

The NRA is taking the step to operate free of political spending limits, 
hoping to use unlimited donations known as soft money (search) to focus on gun issues 
and candidates' positions despite the law's restrictions on soft money-financed 
political ads within days of the election.

"If that's the only way to bring back the First Amendment (search), we're 
going to bring it back," Wayne LaPierre, NRA executive vice president, told The 
Associated Press. Under the nation's campaign finance law, he said, "if you own the 
news operation, you can say whatever you want. If you don't, you're gagged."

LaPierre said the NRA is taking several steps to become a "legitimate 
packager of news" like newspapers and TV networks, including hiring Cam 
Edwards, a conservative talk-show host from Oklahoma City.

*  *  *

The group is setting up an NRA news corporation, possibly for profit, to run its new 
media operations. It is close to acquiring a radio station that will stream video of 
its NRA broadcasts to the Internet, LaPierre said.

The NRA plans to own a news operation "just as Disney owns ABC, just as GE owns NBC, 
just as Time Warner AOL owns CNN, and be the broadcast journalist equivalent of those 
outlets," LaPierre said.

"Who's to say they're any more legitimate on packaging news to the American public on 
firearms and hunting than the National Rifle Association, when in fact we've been in 
the news business longer than they have in terms of packaging news on those subjects?" 
he asked.

Larry Noble, head of the Center for Responsive Politics (search) and former lead 
attorney for the Federal Election Commission, said that if the NRA operation has the 
trappings of a press entity -- such as a radio outlet -- it has a strong argument that 
it is one.

"The law does allow news media to editorialize and do commentary. It's the reason The 
New York Times can endorse candidates in its editorials," Noble said. "So in one sense 
they are not blazing new ground, but they are going into an area that's still forming 
and about which regulations are still being developed."

Whether Webcasts (search) alone would make the NRA a press entity is a 
harder question, Noble said. Congress and the FEC haven't dealt with the 
intersection of the Internet and the media, he said, "and the lines are 
blurring."

The NRA and several other interest groups had sued unsuccessfully to strike down 
campaign spending limits.   *  *  *  The law left political activity on the Internet 
largely unregulated and maintained a long-standing media exemption from political 
advertising rules for news and entertainment programming.

*  *  *

Mixing an agenda with the news is nothing new, McKerral said. When the 
nation's press was in its infancy, newspapers were vehicles to promote 
political agendas.


***********************************************************************
Professor Joseph Olson     Hamline University School of Law
tel.   (651) 523-2142          St. Paul, Minnesota  55104-1284
fax.  (651) 523-2236          <[EMAIL PROTECTED]>

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