Pillars of Democracy, Article 4:A Free Press Isn’t a Luxury — It’s How We Govern Ourselves
Pillars of Democracy, Article 4:
A Free Press Isn’t a Luxury — It’s How We Govern Ourselves
The fourth in a six-part series examining the essential institutions that protect American democracy
The American experiment assumes the public can know what the powerful are doing in our name. That assumption only holds if reporters can dig, editors can publish, sources can speak, and readers can access the facts without fear or favor. This essay takes stock of press freedom in the United States right now, how it’s being squeezed, why that matters well beyond the newsroom, and what practical steps we can take to rebuild a culture of transparency and accountability.
What the First Amendment Protects — and What It Doesn’t
The First Amendment doesn’t create a class of “special journalists.” It creates breathing room for the public’s right to receive information and ideas, which in turn requires that reporters and publishers can gather and disseminate news. The Supreme Court has repeatedly underscored this logic.
When the government tried to stop the New York Times and Washington Post from publishing the Pentagon Papers, the Court refused, reaffirming the “heavy presumption” against prior restraints on publication (New York Times Co. v. United States). When Congress criminalized broad swaths of Internet speech in the 1990s, the Court struck the law down because its sweeping terms would chill lawful expression (Reno v. ACLU).
And the modern standard for defamation of public officials remains demanding by design: public figures must prove “actual malice” — the publisher knew a statement was false or acted with reckless disregard for the truth — so that robust, sometimes harsh scrutiny of the powerful can occur without constant fear of ruinous liability (New York Times v. Sullivan).
These cases don’t announce a press class above the law; they articulate what democracy requires from law. Still, the Constitution is a floor, not a ceiling.
Even in a system that forbids prior restraint and makes it hard to win libel suits, freedom can be eroded indirectly — through resource starvation of local news, weaponized rhetoric that paints reporters as enemies, abusive subpoenas for their notes and sources, opaque algorithms throttling distribution, or routine government foot-dragging on records that belong to the public. The next sections address those pressure points.
The Press in Practice: A Shrinking Infrastructure for Public Knowledge
You can’t have meaningful freedom of the press without viable places to practice it. The United States has watched the commercial scaffolding of local reporting weaken dramatically over two decades. In 2024 alone, Northwestern’s Medill Local News Initiative cataloged another sharp contraction in printed editions, newsroom jobs, and circulation, even as “bright spots” emerged among digital startups (State of Local News 2024, full PDF here).
The result is the spread of “news deserts” — communities with little or no original reporting — and “ghost papers,” publications too hollowed out to regularly scrutinize city halls, school boards, police budgets, public health systems, and local courts.
At the same time, Americans’ habits for getting news have shifted onto platforms that are not primarily civic institutions.
A majority at least sometimes gets news via social networks, with Facebook and YouTube leading and TikTok rising quickly among younger audiences (Pew Research Center, 2024 Social Media & News). This migration is not inherently bad — it can put more voices in the conversation — but it does mean that speech norms and distribution are increasingly set by private rulebooks that are optimized for engagement, not for accountability reporting.
A free press lives or dies in the dull places: the no-drama procurement meeting, the small-town court docket, the weekday afternoon school board vote. That is where money gets misspent or saved, where rights are honored or violated — and where fewer reporters now sit.
A Decade of Escalating Political Attacks — with the Presidency as Megaphone
Political criticism of coverage is normal; power always resents scrutiny. But the last decade normalized something different: the systematic delegitimization of journalism as such. Donald Trump’s years in national politics turned “fake news” into a cudgel and repeatedly labeled news organizations “the enemy of the people,” language historically used to justify repression.
Media-freedom groups have documented the pattern: Trump’s anti-press rhetoric escalated from 2015 onward, punctuated by public vows to “open up” libel laws to make it easier to sue outlets over negative coverage (CPJ analysis; Politifact and U.S. Press Freedom Tracker). The promise was performative — presidents don’t write libel law — but the point was deterrence: make aggressive reporters and their lawyers think twice.
The threats were sometimes married to proposed state action. In 2017, after NBC News aired a story he disliked, Trump mused about revoking network “licenses.” That is not how the Federal Communications Commission works — the FCC licenses individual stations, not national networks.
Then-Chair Ajit Pai publicly reminded everyone the agency “will stand for the First Amendment” and will not yank broadcast licenses because a politician dislikes content (TIME recap with 2017 Pai statement; see also Reuters and the original Press Freedom Tracker incident). Even empty threats can be costly: boards get skittish, insurers start asking questions, and outlets incur legal bills responding to spurious complaints.
More materially, the government’s investigative machinery has, at times, targeted reporters’ communications to smoke out sources. In 2021, the Washington Post and others revealed that the Justice Department had secretly obtained journalists’ records in leak probes during Trump’s first term (The Washington Post; Reporters Committee statement).
In response, Attorney General Merrick Garland announced a bright-line policy in July 2021 — since codified in 2022 regulations — barring compulsory process for reporters’ records in almost all circumstances (DOJ announcement). In spring 2025, however, the Department rescinded those protections and adopted new rules that again authorize the use of subpoenas, court orders, and warrants to obtain reporters’ information in leak cases, a move widely criticized by press-freedom advocates (Federal Register rule; analysis by RCFP).
The anti-press climate filters down. Reporters Without Borders notes that the United States has seen spikes in arrests of journalists at protests — 48 in 2024, nearly 90% connected to Israel-Gaza demonstrations — and a continued rise in harassment and assault of reporters on the ground (RSF country profile; see also the Tracker’s yearly arrest analysis).
And in 2023, a small Kansas police department conducted a sweeping raid on the Marion County Record newsroom and a publisher’s home, seizing computers and phones; a former police chief was later charged over the botched operation — a reminder that local power can threaten the press just as surely as federal power can (AP coverage; Reuters).
Legal Guardrails — and Real Gaps We Haven’t Fixed
Much of our protection still rests on New York Times v. Sullivan’s actual-malice standard. That doctrine has become a political target: Trump and others have said they want it overturned or diluted, which would expose watchdog reporting to a flood of defamation suits designed to punish rather than correct. Even short of doctrinal change, powerful figures can deploy expensive litigation as a tactic. That is why state anti-SLAPP laws, which allow judges to dismiss meritless suits quickly and award fees, matter so much; the Reporters Committee tracks the patchwork and pushes for stronger laws.
A second gap is the lack of a federal “shield law” guaranteeing protection for confidential sources nationwide. Nearly every state offers some form of reporter’s privilege, but the federal government does not. The bipartisan PRESS Act would codify sensible protections against compelled disclosure of journalist communications and source identities, with narrow exceptions. It passed the House unanimously in January 2024 but stalled in the Senate (RCFP explainer; bill text at Congress.gov). While administrations can choose to exercise restraint, as DOJ did after 2021, lasting protections should not depend on who runs the executive branch.
Finally, even when the news is fully lawful to publish, the public can be kept in the dark by bureaucratic friction. The Freedom of Information Act has improved over the years, but backlogs and delay remain chronic, as the federal FOIA ombudsman and DOJ’s own reporting acknowledge (OGIS 2025 report; DOJ Chief FOIA Officer report). Transparency isn’t only a legal question; it’s a resourcing and culture question, too.
Speech in the Digital Public Square
Democratic participation now happens on privately owned platforms. That hybrid reality has produced messy doctrine. The Knight First Amendment Institute successfully argued in 2019 that President Trump violated the First Amendment by blocking critics from his Twitter account because he used it as an official channel; the Supreme Court vacated the decision as moot in 2021 after he left office, but the case forced a reckoning over public-official speech in privately governed spaces (case page; SCOTUS order). Whatever one’s view of platform power, the core democratic interest remains clear: citizens must be able to see, criticize, and organize around official actions without being silenced by either the state or opaque, inconsistent platform rules.
Europe’s Digital Services Act is one attempt to bring sunlight to platform governance. It requires a public database of “statements of reasons” for content decisions and creates channels for vetted researchers to access platform data to study systemic risks (DSA Transparency Database; researcher access under Article 40 guidance).
While the DSA applies in the EU, it points to a principle the U.S. can embrace without importing European law wholesale: the public deserves line-of-sight into how the information systems that now gate our news feeds actually work.
What Reinforcement Looks Like
If you believe freedom of the press is about more than a clause in a parchment document, then the work is simultaneously legal, cultural, financial, and civic. Congress should pass a narrowly tailored federal shield law like the PRESS Act; states without strong anti-SLAPP statutes should adopt them; legislatures should modernize open-records laws for the digital age and fund FOIA offices to actually respond. Agencies should default to proactive disclosure, not secrecy by inertia. And yes, the courts should keep Sullivan’s breathing space intact while continuing to punish truly reckless falsehoods — we can have both accountability and integrity.
But this is also a supply-side problem. Philanthropy can accelerate what the market alone won’t sustain: beat-reporting at the county level, investigative collaborations that match public-records expertise with data science, and training so smaller outlets can safely handle leaks, encryption, and legal threats.
Citizens can subscribe, donate, share, and show up at public meetings armed with facts. And everyone — left, right, and otherwise — can resist the easy serotonin hit of declaring any inconvenient story “fake.” If a claim is wrong, explain why; if it’s right but uncomfortable, insist on consequences without demonizing the act of reporting itself.
Americans Fighting for Press Freedom (Groups You Can Learn From or Support)
Reporters Committee for Freedom of the Press (RCFP) — free legal help and model briefs for journalists; deep resources on anti-SLAPP and open government. rcfp.org · PRESS Act explainer here.
Freedom of the Press Foundation — trains newsrooms on digital security and runs the U.S. Press Freedom Tracker. freedom.press · Tracker: pressfreedomtracker.us.
Committee to Protect Journalists (CPJ) — documents attacks and advocates globally; rigorous coverage of anti-press rhetoric. cpj.org · Trump rhetoric analysis here.
Poynter Institute — ethics, fact-checking, and reporting training for working journalists and the public. poynter.org.
Columbia Journalism Review (CJR) — critical reporting on journalism and transparency; coverage of nonprofit models and ethics. cjr.org.
Knight First Amendment Institute at Columbia — litigates and researches free-speech issues in the digital age (including the Trump Twitter cases). knightcolumbia.org.
Society of Professional Journalists (SPJ) — advocacy, ethics code, and concrete training; supports the shield-law push. spj.org.
Investigative Reporters & Editors (IRE) — the how-to backbone of watchdog journalism (datasets, FOIA craft, collaboratives). ire.org.
ACLU — litigates core speech and press cases; much of the Pentagon Papers lineage runs through ACLU advocacy. aclu.org/issues/free-speech.
Electronic Frontier Foundation (EFF) — fights for online speech and privacy; crucial on platform “weak link” censorship and IP misuse. eff.org/issues/free-speech.
U.S. Press Freedom Tracker — nonpartisan, incident-level data on arrests, assaults, equipment seizures, subpoenas, and more. pressfreedomtracker.us.
RTDNA (Radio Television Digital News Association) — protects broadcast/digital journalists and tracks trust in local journalism. rtdna.org.
National Freedom of Information Coalition (NFOIC) — a network of state FOI groups that helps citizens and newsrooms pry loose records. nfoic.org.
International Center for Journalists (ICFJ) — training, fellowships, and safety work that benefits U.S. and global reporters alike. icfj.org.
ARTICLE 19 & Access Now — global and digital-rights advocates whose legal toolkits help protect speech at the infrastructure level. article19.org · accessnow.org.
Open Government & Transparency advocates — local/state coalitions and nonprofits that push for stronger FOI laws and practices. Start with NFOIC’s network and local groups like the D.C. Open Government Coalition. nfoic.org · dcogc.org.
Closing Thought: The Work Between the Headlines
We often talk about the free press during scandals or elections, when its value is obvious. But the more honest measure is the quiet baseline: do we still maintain the conditions that let ordinary people discover what’s happening in their town, their agency, their country?
Are we making it easier or harder for reporters to verify facts and for readers to access them? If we want the answer to be “easier,” then the steps are not mystical.
Strengthen the law. Fund the beats. Normalize transparency. Protect sources. Reward accuracy. And when politicians of any party declare that reporting itself is suspect, answer not with applause but with the stubborn insistence that a self-governing people has the right — and the duty — to know.
Editor’s Note. To reduce link rot, this article uses primary sources wherever possible (court opinions, official DOJ rules, institutional reports). For fast-evolving policies, we link to the relevant agency or organization’s overview pages.
Section Bibliography
Supreme Court & Foundational Doctrine — New York Times Co. v. United States (Pentagon Papers); New York Times v. Sullivan; Reno v. ACLU.
DOJ Media-Records Policies — July 2021 policy limiting compulsory process: DOJ press release and memo PDF here; 2022 codification: Federal Register; 2025 reversal allowing subpoenas in leak probes: Federal Register and analysis from RCFP.
Local News Collapse & Audience Shifts — Northwestern Medill’s State of Local News 2024 (full PDF here); Pew Research Center, Social Media and News Fact Sheet (2024).
Press Freedom Conditions (U.S.) — Reporters Without Borders, United States profile and 2025 Index brief; U.S. Press Freedom Tracker, incident database.
Anti-Press Rhetoric & Threats — Committee to Protect Journalists on Trump’s “enemy of the people” rhetoric: CPJ analysis; on “opening up” libel laws: PolitiFact; FCC license threats recap & tracker entry: US Press Freedom Tracker.
Kansas Newsroom Raid — AP update on settlements: Associated Press; charging decision: Reuters.
Platforms & Transparency — EU Digital Services Act overview: European Commission; DSA Transparency Database: database.
Digital Public Forum & Public Officials’ Accounts — Knight Institute v. Trump case page: Knight First Amendment Institute; Supreme Court vacatur order (mootness): SCOTUS.
Transparency & FOIA Capacity — National Archives OGIS, 2025 Annual Report (FY 2024); DOJ Office of Information Policy, 2025 Chief FOIA Officer Report.
Who’s Defending Press Freedom — Reporters Committee for Freedom of the Press; Freedom of the Press Foundation and U.S. Press Freedom Tracker; Committee to Protect Journalists; Poynter Institute; Columbia Journalism Review; Knight First Amendment Institute; Society of Professional Journalists; IRE; RTDNA; NFOIC; Reporters Without Borders (U.S. profile).
Supreme Court & Foundational Doctrine — New York Times Co. v. United States (Pentagon Papers); New York Times v. Sullivan; Reno v. ACLU.DOJ Media-Records Policies — July 2021 policy limiting compulsory process: DOJ press release and memo PDF here; 2022 codification: Federal Register; 2025 reversal allowing subpoenas in leak probes: Federal Register and analysis from RCFP.Local News Collapse & Audience Shifts — Northwestern Medill’s State of Local News 2024 (full PDF here); Pew Research Center, Social Media and News Fact Sheet (2024).
See the entire series: Pillars of Democracy
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