Trump and the Press

[schriznoeder]

In his proposed draft of the First Amendment, James Madison stated “and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.” Notice that he purposely made no mention of what entity would have the power to supersede such liberty (i.e., it’s inviolable). However, in its final condensed version, Congress modified the Amendment stating “Congress shall make no law... abridging the freedom of speech, or of the press.”

Now, I’m far from a Constitutional scholar, but does this leave the door open for an entity other than Congress (i.e. the President by means of an Executive Order) to limit the press? Given, no such Executive Order has been issued, and I can’t imagine how the court system would possibly uphold it. But, under the right circumstances, could such a limit legally pass muster?

[Enhance]

In Nebraska, it is illegal to bar individual news organizations from press conferences. If you ban one then you have to ban them all. It's pretty shocking that this isn't the case at the federal level.

 

I'd be fascinated to see what this does to The NYT's subscription base. I've heard from some in the business that his lambasting of the media is helping to grow readers nationally. Trump seems to think only he can gain popularity by playing the disenfranchised 'woe-is-me' card.

 

We have far too many people in this country who think the media should be infallible and don't take enough personal responsibility to be informed.

[Fru]

In Nebraska, it is illegal to bar individual news organizations from press conferences. If you ban one then you have to ban them all. It's pretty shocking that this isn't the case at the federal level.

 

I'd be fascinated to see what this does to The NYT's subscription base. I've heard from some in the business that his lambasting of the media is helping to grow subscription bases nationally. Trump seems to think only he can gain popularity by playing the disenfranchised 'woe-is-me' card.

 

We have far too many people in this country who think the media should be infallible and don't take enough personal responsibility to be informed.

 

[Enhance]

 

In his proposed draft of the First Amendment, James Madison stated “and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.” Notice that he purposely made no mention of what entity would have the power to supersede such liberty (i.e., it’s inviolable). However, in its final condensed version, Congress modified the Amendment stating “Congress shall make no law... abridging the freedom of speech, or of the press.”

Now, I’m far from a Constitutional scholar, but does this leave the door open for an entity other than Congress (i.e. the President by means of an Executive Order) to limit the press? Given, no such Executive Order has been issued, and I can’t imagine how the court system would possibly uphold it. But, under the right circumstances, could such a limit legally pass muster?

More than likely, no. His immigration ban presided in far murkier territory and that lasted a grand total of what, a few days? Any type of legislative press limitation (via exec. order) would be a direct affront to the First Amendment.

 

You can bet the White House Correspondents Association will take legal action if what happened today becomes a routine.

[TGHusker]

 

In his proposed draft of the First Amendment, James Madison stated “and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.” Notice that he purposely made no mention of what entity would have the power to supersede such liberty (i.e., it’s inviolable). However, in its final condensed version, Congress modified the Amendment stating “Congress shall make no law... abridging the freedom of speech, or of the press.”

Now, I’m far from a Constitutional scholar, but does this leave the door open for an entity other than Congress (i.e. the President by means of an Executive Order) to limit the press? Given, no such Executive Order has been issued, and I can’t imagine how the court system would possibly uphold it. But, under the right circumstances, could such a limit legally pass muster?

 

Not at the risk of sticking a knife into that very constitution.

[schriznoeder]

 

There's so much smoke coming from DC, I think it's about time to franchise a BBQ joint there.

[BigRedBuster]

I would have to say, my guess is what happened today is fully within the power of the White House. They can have a meeting with Spicer with just certain news outlets if they want.

 

Now, they can't ban a news outlet for reporting on it or anything else. But, they do have control over the access to the White House.

[ZRod]

In his proposed draft of the First Amendment, James Madison stated and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. Notice that he purposely made no mention of what entity would have the power to supersede such liberty (i.e., its inviolable). However, in its final condensed version, Congress modified the Amendment stating Congress shall make no law... abridging the freedom of speech, or of the press.

 

Now, Im far from a Constitutional scholar, but does this leave the door open for an entity other than Congress (i.e. the President by means of an Executive Order) to limit the press? Given, no such Executive Order has been issued, and I cant imagine how the court system would possibly uphold it. But, under the right circumstances, could such a limit legally pass muster?

It could, and it has. Lincoln did it. Granted that was a time of unparalleled war.

[Making Chimichangas]

 

In his proposed draft of the First Amendment, James Madison stated “and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.” Notice that he purposely made no mention of what entity would have the power to supersede such liberty (i.e., it’s inviolable). However, in its final condensed version, Congress modified the Amendment stating “Congress shall make no law... abridging the freedom of speech, or of the press.”

Now, I’m far from a Constitutional scholar, but does this leave the door open for an entity other than Congress (i.e. the President by means of an Executive Order) to limit the press? Given, no such Executive Order has been issued, and I can’t imagine how the court system would possibly uphold it. But, under the right circumstances, could such a limit legally pass muster?

 

I am certainly no legal expert, but I would say no.

 

Simply because it is Congress which passes federal laws. No other branch of government, government entity, or outside organization is authorized to make laws under the US Constitution.

[NM11046]

Well this will be an interesting motivation to all press I'd think. I'd expect there will be "leaks" from the press to the press. Gonna be an interesting weekend!

 

[NM11046]

Just thinking out loud ... what if no press went to his press conferences? I mean, there is little to no content, and what is shared it a total lie. They just go get berated by Spicer and talked in circles. How much of a statement would it make if the only ones to show up were Breitbart, Fox and the nutball podcasts and white supremicist papers? The real news organizations are getting far more information and story lines from their boots on the street investigative work.

[knapplc]

Good for the WSJ. This is what news organizations do.

 

 

 

[Danny Bateman]

 

 

That's a heck of a catch there. Intriguing.

 

Once again, the similarities cannot be overstated....

 

 

(Nixon at least had the self-control to berate the press behind closed doors...)

[Danny Bateman]

Shep Smith, once again. Seems like there's at least one real journalist at Fox News.

 

 

 

Trump: We are fighting the fake news, it's fake, phony, fake. A few days ago I called the fake news the enemy of the people, and they are... they are the enemy of the people. Because they have no sources... they just make them up, when there are none.

Shep: He later said he was referring to the Washington Post, who said they had NINE sources on it's report.

The president said flatly he didn't believe them.

 

Holy f#ck. It must be really nice to just construct your own reality as you go. I've never seen someone so untethered to objective reality. Well, no one in such a position of power.

[NM11046]

Fox News is so silly. Doesn't this sort of qualify for Fake News then?