As members of the press, reporters have the freedom to gather the truth and report it to the public without government control or censorship.
It’s protected by the First Amendment!
But did you know that you — yes, even if you aren’t a journalist — have those rights, too?
Nadine Strossen, a constitutional scholar and the former director of the American Civil Liberties Union, explained that those rights are given to everyone equally, whether or not they have a press badge.
“Throughout history, the Supreme Court has consistently refused to give the press, whatever that might mean, any additional rights above and beyond the rights that are recognized to every single one of us exercising our free speech rights,” Strossen said.
Members of the press do get special access to briefings, information, and lawmakers that the average American would not be offered.
“But so, that's as a matter of practice,” Strossen said. “It's not a matter of constitutional compulsion.”
Reporters in every state but Wyoming have the privilege of confidentiality; that means we don’t have to reveal our sources to law enforcement, even if a non-press member of the public typically would have to. However, a judge can threaten to hold a reporter in contempt for failing to reveal their sources.
However, again, the Supreme Court has not interpreted the Constitution to uphold that. In that case, it’s the state’s decision to make those laws.
Strossen said that’s become increasingly clear as the definition of “press” has expanded.
“The line between the press and the rest of us has become so blurry with the era of social media,” Strossen said. “Everybody can document and witness and distribute and communicate, and is there any reason why you, with all of your wonderful credentials and experience, should be given any more protection than somebody who's doing it in a non-professional, or, I guess you could say, semi-professional capacity?”
So then, why are freedom of speech and freedom of the press separated in the First Amendment, if they’re close to the same thing?
Strossen said there isn’t actually sufficient documentation to support a reason.
“But the hypothesis is that, since the printing press was the only technology that existed at the time other than speaking, that the two modes of communication that existed at the time were each separately protected,” Strossen said.
So, there aren’t special federal laws that apply to the press corps or media companies.
“Molly, you are a member of the press. You're earning your living through the great WSHU, and I'm not a member of the press, but we have exactly the same free speech rights,” Strossen said.
Use your powers wisely!
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