Supreme Court and Journalism

The First Amendment to the U.S. Constitution reads in part, “Congress shall make no law … abridging the freedom of speech, or of the press.” But what does this statement mean? Clearly “no law” does not really mean “no law” as there are a wide variety of laws in the United States that impact expression, including the expression of journalists.

While the words of the First Amendment appear to be simple, decisions by the U.S. Supreme Court have created a complex body of law and added meaning to the basic statement “Congress shall make no law.” Adopted in 1791, the amendment now provides sometimes robust protection for journalists, although the U.S. Supreme Court has not always ruled the way journalists would like. It is also important ...