It is no coincidence that the framers of the United States Constitution closely linked freedom of speech with freedom of the press in the First Amendment. The latter is a natural and important extension of the former. Our forefathers understood the role of the press in holding government accountable to the people.
While these constitutional protections for the press are important, they are not absolute. The history of the U.S. Supreme Court is filled with cases where aspects of those freedoms have been put to the test. Yet, despite all that case law, there is no federal law that delineates where press freedoms begin and end, although Congress passed a bill called The PRESS Act in January that codifies basic protections for reporters into law. It now awaits Senate action.
In the absence of that federal law, 40 state legislatures have passed reporter shield laws to protect reporters and news organizations against governmental overreach.
Mississippi is not among those states, but for better or worse, Mississippi will soon have some clarity on this issue.
Last month, a Madison County judge ruled online news site Mississippi Today must turn over confidential information, including reporters’ notes and the identity of sources, as part of a defamation lawsuit by former governor Phil Bryant.
Mississippi Today has appealed the ruling to the Mississippi Supreme Court. The court’s ruling will determine whether the free press language in the U.S. Constitution is affirmed or whether they will be merely words on paper in this state.
Holding officials accountable or exposing bad acts sometimes requires using information from confidential sources.
Compelling media organizations to violate that confidentially creates a chilling effect on reporting, especially on important and sensitive topics. If media organizations cannot assure the confidentiality of sources, those sources often won’t come forward. Truth is the ultimate victim in such cases.
As Frederick Douglass observed long ago, attacks on free speech violate the rights of the hearer as well of those of the speaker.
Over the years, the U.S. Supreme Court has labored to find a balance between free press rights and the rights of those who are subject to their reporting, giving more consideration to private citizens and those who are facing a criminal charge.
The standard is much higher in cases involving public figures because accountability holds a higher priority, as it should.
If a public figure such as Bryant can compel the press to release confidential information in a civil case, then free press rights in our state fail to exist in a meaningful way.
That further perpetuates the atmosphere of secrecy that is the antithesis of open government.
We urge the Mississippi Supreme Court to consider the grave danger that upholding the Madison County judge’s ruling represents.
Upholding this violation of the First Amendment would be a loss not just for the press, but for the people who have relied on the press to keep them informed about what our elected officials are doing.
At stake is a fundamental right, both for the press and for the people.
The Dispatch Editorial Board is made up of publisher Peter Imes, columnist Slim Smith, managing editor Zack Plair and senior newsroom staff.
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 36 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
