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To: conservatism_IS_compassion

The Press is mentioned in the Bill of Rights. It is a Federally protected institution. Constitutionally.


106 posted on 12/09/2008 3:59:44 PM PST by RightWhale (We were so young two years ago and the DJIA was 12,000)
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To: RightWhale
The Press is mentioned in the Bill of Rights. It is a Federally protected institution. Constitutionally.
That is not precisely true. The exact quote of the First Amendment is:
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.
You will say, "Of course. The Press is mentioned right there, just as I said." But, not so fast. The Constitution and its amendments is a written document, and it says "the freedom . . . of the press" - NOT ""the freedom . . . of The Press." And that "slight" distinction betrays a major difference between what you have been told and what is true.

The ratification of the Constitution was a close-run thing, with Washington (who had chaired the Constitutional Convention) playing a critical role in attaining ratification. The Antifederalists condemned the want of a bill of rights in the Constitution, and the Federalists opposed it - but not because they opposed the rights articulated in the Bill of Rights. Rather, they opposed it because they held that the unamended Constitution contained within it all the rights which could be articulated specifically in a bill of rights, and more. They argued that a bill of rights would inevitably leave out some rights which pertained to the people, and that therefore a bill of rights risked functioning as a ceiling, rather than a floor, of the rights of the people. That people would argue, "it's not in the Bill of Rights, so it's not in the Constitution." Supreme Court justices, both liberal and conservative, will tell you that since the people who ratified the Constitution did so on the understanding that the advocates of ratification were correct, the body of the Constitution is properly read to mean that. So you aren't up to speed on the Constitution unless you can find in the body of the Constitution a basis for upholding any right articulated in the Bill of Rights.

And IMHO, the First Amendment is abused as a ceiling on the rights of the people when Big Journalism - essentially the Associated Press and its members - calls itself "The Press." Article 1 Section 9 mandates that

No title of nobility shall be granted by the United States.
But what else is "The Press" but a title of nobility, when journalists are given "shield laws" which allow them to flout laws which you or I are obligated to obey? Or when McCain-Feingold says that you or I may not criticize politicians during election season, but that's constitutional because "The Press" can?

The First Amendment is not in conflict with the rest of the Constitution. The correct understanding of "the freedom of . . . the press" is, "the right of the people to spend their own money to pay for the use of technology to promote their political (and other) opinions." The printing press was the state of the art for the dissemination of political opinion at the time of the ratification of the First Amendment, but the body of the Constitution (Article 1 Section 8) specifically provides the authority

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
The existence of that authority, and the motivation for it, in the body of the Constitution marks the Constitution as a progress-promoting document. Therefore unless you want to argue that the ratifiers of the First Amendment thought that they were making an exception to the rule that there should be progress in the state of every art by saying under their prescient breath, "except for radio and television, but the high speed press and the photocopier will be OK," there is no case that the First Amendment places a ceiling on the communication technology which the people have the right to use.

It is wrong to consider "The Press" to be a group of noblemen who have privileges apart from the rights of the people. Especially when that group is a bunch of monopolists who violate the Antitrust laws.


107 posted on 12/09/2008 6:34:47 PM PST by conservatism_IS_compassion (We already HAVE a fairness doctrine. It's called, "the Constitution." Accept no substitute.)
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