Libel is a legitimate recourse, with truth as an absolute defense.The fundamental flaw in the freedom of the press argument is the planted axiom that nobody but the Associated Press and its membership is a member of the press.
The truth is that freedom of the press is the right of the people to spend their own money at their own discretion to promote their own opinions.
does not establish a ceiling over the rights of the people. Rather, as
- Amendment 1:
- 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.
makes plain, it is to be understood only as a floor under our rights.
- Amendment 9:
- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The principle is clear: if anyone has a right to print, you do. If anyone has the right to broadcast a political commercial, you do. If anyone has the right to operate a web site, you do.
Excellent, and crystalline analysis. Nice.