Media: How are they regulated?
Media and the First Amendment
The U.S. Constitution was written in secrecy. Journalists were neither invited to watch the drafting, nor did the framers talk to the press about their disagreements and decisions. Once it was finished, however, the Constitution was released to the public and almost all newspapers printed it. Newspaper editors also published commentary and opinion about the new document and the form of government it proposed. The eventual printing of The Federalist Papers, and the lesser-known Anti-Federalist Papers, fueled the argument that the press was vital to American democracy. It was also clear the press had the ability to affect public opinion and therefore public policy.[1]
First Amendment
The approval of the First Amendment, as a part of the Bill of Rights, demonstrated the framers’ belief that a free and vital press was important enough to protect. It said:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.â€
This amendment serves as the basis for the political freedoms of the United States, and freedom of the press plays a strong role in keeping democracy healthy. Without it, the press would not be free to alert citizens to government abuses and corruption.
The media act as informants and messengers, providing the means for citizens to become informed and serving as a venue for citizens to announce plans to assemble and protest actions by their government. Like the other First Amendment liberties, freedom of the press is not absolute. The media have limitations on their freedom to publish and broadcast.
Defamation of Character: Private Citizens Versus Public Figures
Freedom of speech and press by the media can conflict with a citizen’s right not to be subject to false statements in the media that would defame a person’s character. That is, the media do not have a general right under the principle of protected free press or speech to commit slander (to speak false information with an intent to harm a person) or libel (the printing of false information with intent to harm a person or entity).[2] Yet, on a weekly basis, newspapers print stories that are negative and harmful of public figures. They do this and yet they are not often sued.
The key reason for a lack of litigation is that the average citizen must be treated differently by the media than individuals who are public figures or government officials. The government has different standards depending on whether the individual is a private or public figure.[3]
Libel and slander occur only in cases where false information is presented as fact. ….
https://courses.lumenlearning.com/americangovernment/chapter/regulating-the-media/So fake news, fake news. If the media is guilty sue them. But mere refuting does not make truth. Perhaps we will have to have an investigation. Because this isn't about Trump or what they are doing to him. It is about the people of the United States and their right to know the truth.
