First Amendment free press theory (United States)
E518679
First Amendment free press theory in the United States is a body of constitutional thought that interprets the Press Clause as a broad protection for an independent, watchdog press essential to democratic self-government and public discourse.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| First Amendment law | 3 |
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
First Amendment doctrine
ⓘ
constitutional theory ⓘ freedom of expression theory ⓘ press freedom theory ⓘ |
| addressesIssue |
access of the press to information and proceedings
ⓘ
limits of government regulation of news content ⓘ relationship between press freedom and democratic accountability ⓘ scope of institutional press rights ⓘ |
| associatedWithConcept |
checking function of the press
ⓘ
democratic self-governance theory of the First Amendment ⓘ marketplace of ideas ⓘ watchdog journalism ⓘ |
| basedOn | First Amendment to the United States Constitution NERFINISHED ⓘ |
| continuesIn | 21st century constitutional discourse ⓘ |
| contrastsWith |
narrow reading of the Press Clause as redundant of the Speech Clause
ⓘ
view that press has no special constitutional status ⓘ |
| developedIn | United States legal scholarship NERFINISHED ⓘ |
| emphasizesRoleOf |
independent press
ⓘ
watchdog press ⓘ |
| influencedBy |
Alexander Meiklejohn’s theory of democratic self-government
ⓘ
checking value theory associated with Vincent Blasi ⓘ marketplace of ideas theory associated with Justice Oliver Wendell Holmes Jr. ⓘ |
| influences |
judicial interpretation of press freedom
ⓘ
norms of American journalism ⓘ public debates about media regulation ⓘ |
| interprets | Press Clause of the First Amendment NERFINISHED ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| normativelyClaims |
government should not interfere with editorial judgment
ⓘ
press should be free to criticize all branches of government ⓘ press should have latitude to publish information about public officials ⓘ |
| purpose |
to facilitate public discourse
ⓘ
to promote informed citizen participation ⓘ to safeguard democratic self-government ⓘ |
| relatedToCaseLaw |
Miami Herald Publishing Co. v. Tornillo
NERFINISHED
ⓘ
Near v. Minnesota NERFINISHED ⓘ New York Times Co. v. Sullivan NERFINISHED ⓘ New York Times Co. v. United States NERFINISHED ⓘ |
| supports |
criticism of government officials
ⓘ
publication of information on matters of public concern ⓘ robust investigative reporting ⓘ |
| supportsDoctrine |
actual malice standard for public officials in defamation cases
ⓘ
heightened protection for speech on public issues ⓘ strong protection against prior restraints ⓘ |
| timePeriodOfDevelopment | 20th century ⓘ |
| viewsAs | broad protection for the press ⓘ |
| viewsPressAs |
essential component of constitutional democracy
ⓘ
institutional actor distinct from general public speakers ⓘ |
Referenced by (4)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
First Amendment law
this entity surface form:
First Amendment law
this entity surface form:
First Amendment law