I was reading up on the upcoming French election today and checking the latest polls, when I came across a bit of information I had not previously known.

The polls open in France on Sunday at 8am and close at 8pm, but as of Friday midnight there is a complete news blackout on the election. No more commercials, no more interviews with the candidates and no last minute elections polls. All electioneering must end 36 hours before the polls open.

The more I thought about this idea, the more I like it. It lets people make up their own minds in the final hours, and prevents a lot of the 'dirty tricks' which have become so commonplace in some elections in the final hours. One problem I CAN see is that in the US getting people to vote is a problem, and one of the main last-minute efforts on both sides tends to be a 'get out the vote' drive.

1. Do the advanatges of this last hour media blackout outweight the disadvantages?

2. Could such a policy ever work in the United States?

1. Do the advanatges of this last hour media blackout outweight the disadvantages?

I think it's a great idea. We can shorten the time... simply make it from midnight before the polls open until after the polls are closed.

Yes, this may end up with less people voting because some parties actually grab people and drag them to the polls, but I do think the benefits outweigh this one disadvantage.

2. Could such a policy ever work in the United States?

I think that some might say it violates the 1st Amendment.

I am ignorant of French politics, but in the past couple of days I've read a lot about the election that is being held right now. Has the 'media blackout' ended? Or does it not count for this round?

I'll tell you, this is the most exciting election I've seen in a while....record levels of participation, threats of rioting in the streets. It will be interesting to see the results of this one.

Per the topic questions, I do believe that the advantages of such a news blackout outweigh the disadvantages. I can't actually think of any disadvantages at the moment. But, as Entspeak noted, the first Amendment prohibits such government intervention. It would only be possible if media outlets resigned themselves to silence, of their own volition, and I doubt that would happen.

1. Do the advantages of this last hour media blackout outweigh the disadvantages?

I'm not sure this would stop last minute dirty tricks. Wouldn't the dirty tricks happen before the "blackout" period? Also, if something truly enlightening comes out about a candidate in the final hours shouldn't the public have a right to know? Much like the Maginot Line it sounds good in theory, but there's a way to march right around it.

2. Could such a policy ever work in the United States?

There's no way a blackout would hold up in court. It's a clear violation of the First Amendment.

Is it? I don't see anywhere in the Constitution that the right to manipulate elections, which reporting of results while polls are still open does, is guaranteed. While such *might* hold up in court, I think it is not a foregone conclusion, and is far from a 'clear' violation.

The Freedom of the Press is very broad in this area. How exactly would a law like this not be interpreted as an infringement on the First Amendment?

I don't see how news coverage of an election can be eliminated as ostensibly "manipulating elections". That is a rather broad infringement, IMO. It seems to me that all political speech could fall under that category...everything said or written influences people and therefore elections. And measures to curb political speech have been historically struck down in court.

Edited to add: Furthermore, I'm not sure a news blackout is even possible with international coverage. There certainly hasn't been a dearth of coverage of this election, as people flock to the polls in droves in hopes making a last minute difference.

Data clearly shows that turnout in polls still open is affected by results of other elections being reported. That alone is justification enough. The press is allowed to report news...the Constitution does not guarantee them the right to affect it. In fact, the Constitution is based on free elections, a right and need which would trump all others, as without that the entire government is undermined.



This is, to me, the real issue. I don't thinkout a blackout is really possible. Then, it's just a question of who is reporting the news...not when.

Here's a thought, though..why release election results before all the polls close? Can't report news you don't have.

Excellent question. Look, if you can blackout a baseball game in certain zip codes I don't see it being very difficult to blackout election coverage in certain zip codes during the times in which polls are still open in said zip codes.

My proposal: A three hour blackout immediately preceding the closing of the polls in any particular state. If the polls close at 7:00 pm, the blackout runs from 4:00 pm to 7:00 pm, and election coverage is forbidden to be broadcast during that time.

As far as it being a First Amendment violation, I would simply suggest that what is being mandated is a delay in broadcasting, and if the FCC can get away with a 7 second delay to prevent people from being exposed to objectionable material, it ought to be able to get away with a 3 hour delay to prevent the media from affecting votes for the office of the presidency on the day of an election.

I think for the sake of debate we need a slight clarification. Are we discussing a blackout of a few hours on election day or a full day blackout the day before the election? These are two vastly different subjects.

Absolutely. What I'm proposing is different than what France is doing. I don't believe a 36 hour (+/-) blackout is necessary. The disadvantages to it, as was already stated, are that late-breaking news that should reach voters would not, and a blackout of that length may affect voter turnout which America veritably cannot afford. I'm suggesting simply a few hours before poll closing, and taking into effect time zones, perhaps 6 hours PST, 5 hours MST, 4 hours CST, 3 hours EST, that this would allow necessary late-breaking news to reach voters and hopefully would prevent some silly Americans from forgetting that they're supposed to do something on Tuesday...what was it...oh yeah! VOTE.

(Yes, I am aware that the extended blackout in France has had the opposite effect on voters there but let's be reasonable: that probably wouldn't happen here.)

I do, however, like the idea of a ban on reporting exit poll details, regardless of location, before all polls are closed across the country.