Political speech is the most protected form of speech under the First Amendment, but only up to a point.
Political podcasters give audiences an opportunity to hear current arguments, expert opinions, and discussions over current issues and campaigns. This responsibility carries risk as podcasters need to balance their right to speak politically with ensuring the information they are relaying to viewers isn’t in violation of libel laws. Find cases below that highlight real situations where podcasters crossed (or almost crossed) the line between banter and slander.
Case Study 1:
Alex Jones and Infowars: Sandy Hook Conspiracy
After the 2012 Sandy Hook elementary shooting, Alex Jones took to his podcast, Infowars, and claimed that the tragedy was a ‘false flag’ operation, or that the event was a hoax orchestrated by the Sandy Hook families and the media to promote gun control. Jones claimed the victims and their families were hired crisis actors, and labeled them as “liars."
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The Court ruled in Heslin’s favor, who was awarded $110,000 in compensatory damages and $4.2 million in exemplary damages. In later defamation cases against Alex Jones by other Sandy Hook families, the Court similarly found Jones' statements defamatory and therefore unprotected by the First Amendment. Jones has since liquidated his assets and is selling Infowars to pay the Court-ordered $1.5 billion to the Sandy Hook families.
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Our advice: Correct mistakes quickly!
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Case Study 2:
Joe Rogan and The Joe Rogan Experience: COVID-19 Vaccines
In 2022, Joe Rogan hosted Dr. Malone, a virologist, to discuss vaccines and claims about the coronavirus. During the episode, Rogan and Malone made multiple false claims about President Biden's vaccine status and government data and guidelines surrounding the pandemic. Some of these claims accused the CDC of inaccurately determining deaths from COVID and associated COVID-19 vaccines with an increased risk of inflamed heart muscles.
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While no legal action was taken against the hosts following this episode, The false claims made by Rogan and Malone show a reckless disregard for the truth which could damage the reputations and credibility of the organizations and people mentioned in the episode. Because the hosts did not fact-check the claims made throughout the episode or follow-up with any gray areas in their claims, this could pose a huge health risk to listeners who may believe the information being presented to them as fact.
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Our advice: Verify your facts!