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  • 7 - Does the First Amendment Forbid, Permit, or Require Government Support of News Industries?

  • from Part III - Positive Rights and Rights to Effective Self-Government
  • Edited by Vicki C. Jackson, Harvard Law School, Massachusetts, Yasmin Dawood, University of Toronto
  • Book:
    Constitutionalism and a Right to Effective Government?
    Published online:
    20 October 2022
    Print publication:
    27 October 2022, pp 85-96

  • Summary

    Does the First Amendment forbid reforms to save and improve newsgathering, production, and distribution? All features of the news ecosystem are currently under threat, but some interpretations suggest that the First Amendment either forbids relevant government action or has no relevance. Debates about potential reforms of the businesses and structures wreaking havoc on news and information in the United States often hit a roadblock: the assumption that the First Amendment bars government from playing a role in media systems and news industries.1 Victor Pickard calls this “First Amendment fundamentalism.”2 We can understand why internet tech platforms invoke the First Amendment against any regulation and measures requiring them to pay for news posted on their sites but gathered by others. Avoiding regulation makes their work easier and their bottom line richer. But the First Amendment is not such a bar.