The Constitution and the Media

This course examines the concept of freedom of the press—the basis for it and the restrictions on it—in the United States. We begin by examining the concept of free speech and free press as used in the First Amendment of the US Constitution and trace its historical development to the present. We discuss the ways the Supreme Court has addressed three contentious press issues: the conflict between disclosure and national security (for example, the Pentagon Papers case); the defamation of public figures in news reporting (New York Times Co. v. Sullivan); and reporters' shield laws and the limits of the journalist's privilege to keep sources confidential. We examine the role of social media and the spread of misinformation and the ways that freedom of the press can clash with an individual's right to a fair trial and right to privacy. We also examine the constitutional basis for governmental regulation of broadcast content, campaign finance, advertising, and copyright.