Congress shall make no law… abridging the freedom… of the press;
If Congress cannot make a law abridging the press, we should probably start with “who is the press”?
In the 18th century the press was literally a printing press. Now almost two and a half centuries later what is the press? Is it just newspapers and pamphlets? Are radio and television part of the press? Does that include both the “news” and “editorial” departments? What about the Internet? Is that part of the press? I guess the question is what makes you a part of the press? Is it the job you do or who you do it for? Does that mean anyone who “reports” or editorializes on what is going on is a journalist or do they have to be a professional (i.e. get paid for it). I tend to take an inclusive point of view of the press, meaning if you are reporting on or editorializing about politics or society you should be allowed to say what you want using the medium you want. This of course comes with some responsibilities.
First, the fact that you are free as a member of the press does not mean you are free from the consequences of your “reports”. The government cannot shut you down for what you say, but if what you say is a lie that is slander and it’s illegal. You can and should be prosecuted for it. (Something which happens all to infrequently in today in my opinion.) A free press does not mean you are entitled to have an audience If what you say is not found engaging and people don’t want to read or listen to you it’s not suppression of your rights, you have a right to print not to be read.
Why did the founders include this right? They wanted the public to be informed about who was in their government and what they were doing. This information in necessary for an informed electorate. Without fair and accurate reporting the people cannot make informed decision in the election booth. And without an informed electorate we do not have a government of “We the People”.
For the public to be informed they needed people who would keep an eye on and report on what was going on. That means “the press” has a responsibility to report on what is going on, whether it agrees with their views or not. It means recognizing that we all have a bias and the press should work hard to minimize it’s influence on their reporting. It also means we as consumers of reporting need to listen to multiple sources on all sides. We need to support those who report fairly and avoid those that have shown they don’t. And the very last thing we should do is have the government supporting “news” organizations either by giving them preferential access and treatment or by guaranteeing them a marketplace when those businesses cannot remain viable on their own.
A free and honest press is essential to our republic. Those who work to provide us the information we need to make informed decisions on our elected officials should be praised and rewarded. Those who see it as their job to promote a position are beneath contempt. They have every right to say what they say, and we have every right to ignore them. And we have every right to tell our elected officials it is not their job to fund organizations like NPR. When government is in the business of providing news coverage that press is not free.