B.2(ad). Freedom of the Media

The People have a Right to a free and independent media. The role of the media is to seek and report the facts and opinion. Presenting a “both sides” balance is not required.

A democratic system, whether direct or representative, relies on a free and independent media. The framers didn’t rely on “objective journalism.” They wanted partisan, opinionated, and political argumentation in the press, not balance. That’s why they wanted press freedom. They wanted to have publications that were free to say, “The King is a fink!” without political or legal repercussions.

Americans have adopted a standard of “fair” journalism that differs from the way it is understood in the rest of the world, including in democratic nations. For that matter, it isn’t the norm in the United States. We just assume that our sources are balanced while the “other” sources are biased.

Furthermore, it has been widely noted on social media (I’ll confess to being unsure of the source origin) that it is not the media’s job to report the weather service as saying it is raining, then dutifully present the opinion of someone who says it isn’t. It is their job to stick their arm out the window and tell us which one is true. The language here upholds these principles.

Except as outlined in Article I, Section 2.B.2(ab), the government can’t censor media content. It may only force reporters or media outlets to disclose their sources when there is an imminent threat to life and no other reasonable means exist to discover that source.

This language expands on the philosophy of the first two sentences. It explicitly states what the government’s limits are with respect to the media. They are generally the same as for the speech of any individual. There is a single caveat about protection of sources, but that caveat is tighter than current practice.[1]

This Right protects both professional journalists and independent media creators engaged in gathering and disseminating information to the public.

With the slow collapse of legacy media sources, independent media has filled the void. Whether in the form of podcasts, quick-fire TikTok reporting, or various other avenues, these are aptly called “New Media.” These New Media journalists don’t enjoy the same protection as the more “recognized” media. The language here is intended to explicitly state, once and for all, what counts as “media” under this Charter.

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[1] For a relevant example, I refer the reader to the case of Judith Miller, who was imprisoned for 85 days after refusing to divulge a source for a story she didn’t even publish. The case involved the leaking of a CIA operative’s name (Valerie Plame), in apparent retaliation for criticisms by her husband, Joseph Wilson, regarding the George W. Bush Administration’s claims on Weapons of Mass Destruction in Iraq.