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November 23, 2005

FoxNews rejects misleading ad

From the Associated Press...

Fox News is refusing to air an ad critical of Supreme Court nominee Samuel Alito, citing its lawyers' contention that the spot is factually incorrect. ... 

The ad says that as an appellate court judge, Alito has "ruled to make it easier for corporations to discriminate ... even voted to approve strip search of a 10-year-old girl." Referring to a document Alito wrote in 1985 while seeking a job in the Reagan administration, it quotes him as saying that "the Constitution does not protect a right to an abortion." ...

In a 2004 decision, the 3rd Circuit U.S. Court of Appeals ruled in the case of four police officers who faced a lawsuit after the search of a mother and her 10-year-old daughter in the course of executing a search warrant for narcotics. 

The court said "searching Jane and Mary Doe for evidence beyond the scope of the warrant and without probable cause violated their clearly established Fourth Amendment rights." The court pointed out that "a search warrant for a premises does not constitute a license to search everyone inside." 

Alito dissented in the case, saying the best reading of the warrant was that it authorized the search of anyone found on the premises. He added that even if the warrant didn't explicitly give that authorization, "a reasonable police officer could certainly have read the warrant as doing so."

And so the Liberals once gain resort to lies. What will be interesting is to see how many networks will carry the ad, even though it is factually incorrect, and if Alito could then sue them.

Posted by Danny Carlton at November 23, 2005 07:52 AM

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