This is the Cato Daily Podcast for Monday, May 8th, 2023.

I'm Caleb Brown.

Congresswoman Alexandria Ocasio Cortez accuses Fox News of Incitement and suggests that the news network be held

to account under existing federal authority, but there are at least a couple of problems with

that. I spoke with Jesse Walker of Reason magazine about who regulates what and why using the feds to squelch media is the wrong choice.

Alexandra O'Kaseo Cortez, the New York Congresswoman, has suggested that Fox News and Tucker Carlson are effectively

guilty of incitement of violence.

She was quoted as saying, well related, she was quoted as talking

about what ought to be permissible on air and that when it comes to in her words when it comes to broadcast television

likes Fox News there are subject to federal law federal regulation in terms of

what's allowed on air and what isn't.

So first of all, there is a test.

There are tests out there to determine what constitutes incitement, but I kind of want to leave that aside for the moment.

To what extent can the feds tell Fox News, you can't say that on air or you can't say that on your programs?

Well the FCC certainly can't because setting aside any First Amendment questions, the Fox News is not licensed by the FCC.

It's a cable channel.

It's not broadcasting over the AM or FM or VHS or UHF if you remember that bands and the

regulations that apply to you know AM and FM and TV stations as far as what you can and cannot legally say on the air.

I mean those just aren't in the ballpark for what Fox News should be thinking about legally.

So is she referring to something else then? I well you would have to ask

her what she's referring to I mean there is I mean incitement is legal category which you know the Supreme Court you know weighed in on the

boundaries of and Brandenburg and I don't think anything on any cable channel that I've ever seen or heard would fit the

...