Analysis: Republican leaders deploy the First Amendment against the First Amendment
Elected officials sit closer to the other end of the spectrum. A lot is public and publicly scrutinized, but there are quiet maneuverings and decisions that are mostly shielded from view. There are mechanisms to expose many of them — Freedom of Information Act requests, intragovernmental scrutiny — but usually they aren’t exposed, and usually there’s no need for them to be.Then there’s the media, of which I am a nonobjective member.
This articulation is useful in the moment because of a pair of politically fraught conversations about free speech in the United States. The first was a discussion helmed by Florida Gov. Ron DeSantis in that state on whether the free press was too free. The second unfolded in Washington on Wednesday, as the House Oversight and Accountability Committeewhether the social media platform Twitter had unacceptably suppressed speech.
, a 1964 Supreme Court decision that established a standard mandating, among other things, that deliberate malice be shown. It’s not enough for reporting to have been mistaken; it must have been deliberately wrong.Protection of the press is, of course, written into the First Amendment — but that protection centers on avoiding government interference. The standard underoffers a different protection, helping news outlets avoid frivolous or overwrought lawsuits generated for punitive reasons.
That would certainly appeal to DeSantis, but it’s likely that his focus was more on playing to conservatives who view the media as dishonest, hyper-liberal or both. The discussion included inaccurate assertions as well as examples of media overreach plucked from years of accurate reporting, presented as cases of inherent dishonesty and inaccuracy.
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