First Amendment
Nevada High Court Rules Against Kucinich in Debate Suit
Posted Jan 16, 2008, 06:34 am CDT
By Debra Cassens Weiss
Dennis J. Kucinich has lost his legal bid to remain in yesterday’s Democratic debate.
The Nevada Supreme Court ruled yesterday less than an hour before the scheduled debate, the Las Vegas Review-Journal reports. The court said Judge Charles Thompson of Las Vegas abused his discretion when he ruled MSNBC had breached a contract with Kucinich by inviting him to participate in the debate then rescinding the offer.
The court's opinion (PDF) said a contract does not exist because there was no consideration for Kucinich's appearance. Kucinich also must lose his promissory estoppel claim, the court said, because he failed to raise the issue at the trial level.
In footnote 15, the court also said Thompson's ruling conditioning broadcast of the debate on Kucinich's appearance was an unconstitutional prior restraint on speech.
The court held an emergency hearing in the case yesterday on the same day that the network filed its appeal.
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