A Free and Independent Press

Abstract

This chapter discusses the fragility and necessity of a free and independent press. It places the Press Clause of the First Amendment in a historical and constitutional perspective, and considers both the core functions and the occasional excesses of the institutional press. President Trump is not the first chief executive to attack and challenge the institutional press. However, his attacks have been uniquely pervasive and public. The president’s “war” on the press has raised serious questions about the prospect for preserving a free and independent press. The chapter argues that despite its excesses, the institutional press is both necessary to a functioning democracy and, for a number of reasons, precariously positioned to fail.