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Kucinich Denied Debate Slot
Posted by Josh Gerstein
Tue, 15 Jan 2008 at 8:22 PM
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The Nevada Supreme Court has just cancelled a lower court's order that guaranteed Rep. Dennis Kucinich a slot at tonight's Democratic debate in Las Vegas.
NBC set and then altered its ground rules for who could participate in the debate. Mr. Kucinich said that broke a contract with him, but the high court disagreed. "An enforceable contract requires an offer and acceptance, meeting of the minds, and consideration," the court ruled in an order issued less than two hours before the debate was to begin. "Here, the element of consideration is absent." Consideration, in legal parlance, is something valuable exchanged as part of a contract, such as money or goods.
The Supreme Court also said the lower court's order was an unconstitutional prior restraint which violated the First Amendment rights of NBC the sponsor of the debate.
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