First Amendment to the US Constitution:
"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."
Originally this was only a constraint on the Federal Government. In modern times, the U.S. Supreme Court has ruled that it also applies to the states.
The way this plays out is to pretty much allow the press to say anything they want to about public figures. Libel laws, for example only come into play if an aggrieved public figure can prove "actual malice." Figuring out what phrases like "actual malice" mean is why lawyers earn the big bucks.
Who is a public figure? Pretty much every elected and appointed official falls in that category.
What if the press prints something that isn't true? What if the press or even a private person mischaracterizes something a public figure says? Tough!
There's that pesky first amendment.
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1 comment:
Yes, originally the 1st Amendment constrained only the Federal Government. Since mid-1868, the 14th Amendment, which says, in pertinent part, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...," constrains the state governments from actions that would violate the rights confirmed in the 1st amendment.
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