59

Freedom of the press means that anyone can publish anything they know without having to obey government gag orders. The government is not required to keep journalists informed. Freedom of the press is not violated if the government tries hard to not leak anything to the press. That's why the Freedom of Information Act exists. It grants journalists access to ...


39

1) They would be absolutely allowed to promote any political agenda as a publisher, but not necessarily as a platform. It's contentious whether famous Section 230 allows them to find a perfect sweet spot: shielded from any liability for content posted by crazy users as if they were merely a platform; having huge editorial discretion in selecting what to ...


18

Let's have a look at the text of the First Amendment: 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. emphasis added Notice there ...


15

People often get this misconception, and it's related to one non-stated factoid: press covering political events are a mutually agreed convention. Politicians give press conferences, and the press broadcasts them. Neither are required by law to do that. The politician thinks they'll be better off by giving the press conference - whether it's to give their ...


11

This is one of these gray areas where technology has outpaced legislation. Technically speaking, Facebook today might be considered a 'publisher', and therefore free to pursue whatever political agenda they desire. The same can be said of Twitter, another major social media platform. However, unlike traditional publishers, Facebook and Twitter have become ...


9

The scenario highlighted by your question already exists. Federal policy exists where the Government can steer federal monies away from private companies that have discriminatory practices, under Executive Order 11246. Business that perform contract work for the Federal government are prohibited from "engaging in workplace employment discrimination on the ...


8

Rainer P.'s answer already covers that Freedom of the Press doesn't have anything to do with providing information to the press. But even if that weren't true, your question seems to be predicated on a belief that an impeachment trial can be, should be, and must be in the public record for everyone to see and review "Can be" is true enough, and "should ...


8

How isn't it? What do you think lobbying is? I go to a politician and tell them that I want such and such a policy. If they don't vote my way, I won't vote for them the next time they run. Maybe that's not lobbying in your mind. Perhaps you only want paid lobbying. So I own some stock. Those companies can pay lobbyists. Those lobbyists then ...


6

It falls to the entire "voters choosing legislators vs legislators choosing their voters" meme. If there is an objective criteria for drawing boundaries in a logical, geometrically simple method, then, for the most part, where I choose to locate my residence is my decision about what voting district I wish to inhabit. If a district's boundaries are drawn ...


5

Law Newz argues that it might be: “It’s unconstitutional when President Trump has said he doesn’t like CNN and the New York Times and then excludes them from a press conference. It’s a content-based ban and the government generally cannot enact laws or restrictions that punish speech based or restrict public access based on content. Courts have held that ...


5

Because the only difference between paid lobbying and unpaid lobbying is that you're hiring a professional to do a better job of lobbying than you can do yourself (hopefully). In other words, It is 100% same as hiring a lawyer to do legal work for you instead of doing it yourself; or hiring a speechwriter to make a better speech. As such, paid lobbying ...


2

The only current way a gerrymander is considered unconstitutional* is if it serves to disenfrachise protected classes (e.g. people of a specific race or religion, or probably things like gender). The "Freedom Of Association" argument is that because being able to join one party or the other is a voluntary association, political affiliation should be added ...


2

There is no direct solution. You can't stop fake news without affecting real news. If you make the government the "sole guarantee of truth" by legitimizing the take-down of information that it doesn't consider true, you open the door for partisan take-down of information the government doesn't want to be true. It also wouldn't help against information that ...


1

Is it legal for Facebook to actively promote a political agenda? It's a gray area. It's obviously not a first amendment violation because that only applies to governments. And companies do have some first amendment rights to free association. On the other hand, Facebook advertises itself as a platform for all people, so promoting their political agenda by ...


1

Facebook and Twitter exist to make money. They aren't about to promote one "agenda" over another, if it means that half of their users will bail out in anger. Conservatives, especially, are prone to go off and create their own safe spaces - heck, even Wikipedia is too "liberal" for some of them, hence "Conservapedia". (Fox News was basically built along ...


1

If one wants to be exact, lobbying is not free speech. It costs an arm and a leg to hire an influential lobbyist. Lobbyists facilitate groups of citizens making their voices heard to politicians, or at least that's what the SC indicated in their Citizens United decision. In reality, it also facilitates corporations or very wealthy people making their ...


1

TL;DR: Yes, it does restrict free speech, but by how much is debatable. I don't think you can draw a line in the sand to generally determine if something is restricting free speech. Consider the following scenarios: In the cafeteria of a retirement community where residents pay for their meals, on one particular day the cafeteria decides to make the meals ...


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