Wednesday, January 25, 2017
In their op-ed in The New York Times, "Don’t Expect the First Amendment to Protect the Media," ConLawProfs Ronnell Anderson Jones and Sonja West argue that while it may be "comforting" to think that the "Constitution serves as a reliable stronghold against Mr. Trump’s assault on the press," the that is not true. Instead, "legal protections for press freedom are far feebler" than assumed and have been "weakening in recent years."
They contend there is little recourse in the courts. As they state:
The Supreme Court has not decided a major press case in more than a decade, in part because it has declined to do so, and in part because media companies, inferring the court’s relative lack of interest, have decided not to waste their resources pressing cases. Several justices have spoken negatively of the press in opinions or speeches. Lower courts have likewise become less favorable to the press, showing more willingness than in the past to second-guess the editorial judgment of journalists.
Much of the ""freedom" of "the press" in the First Amendment is supported by "customs and traditions," which the new President seems "keen to destroy."
We cannot simply sit back and expect that the First Amendment will rush in to preserve the press, and with it our right to know. Like so much of our democracy, the freedom of the press is only as strong as we, the public, demand it to be.
How "the public" should make such demands is seemingly the question of the moment.