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{ "pk": 31502, "title": "The Ideology of Press Freedom", "subtitle": null, "abstract": "<p><em>This Article offers a critical account of the law of press freedom. American law and </em><em>political culture laud the press as an institution that plays a vital role in democracy: guarding </em><em>against corruption, facilitating self-governance, and advocating for free expression. These </em><em>democratic functions provide justification for the law of press freedom, which defends the </em><em>media’s autonomy and shields the press from outside interference. </em></p>\n<p><em></em><em>But the dominant accounts of the press’s democratic role are only partly accurate. The </em><em>law of press freedom is grounded in large part in journalism’s professional commitments to </em><em>objectivity, public service, and autonomy. These idealized characterizations, flawed from the </em><em>start, drive a business model and a legal strategy that is increasingly at odds with democracy </em><em>itself. In both its journalism and in its legal advocacy, the press often reifies existing social </em><em>and racial hierarchies. An inconsistent defender of free expression, the press strategically sits </em><em>out many First Amendment battles; in others, it pursues narrow, modest remedies unlikely </em><em>to protect many outside of its ranks. While the press continues to burnish its image as a </em><em>critical force for the preservation of democracy, its legal strategy has become increasingly </em><em>detached from the public good. </em></p>\n<p><em></em><em>Alongside a more clear-eyed assessment of the press’s foundational commitments should </em><em>come a broader rethinking of the press’s freedom and legal strategy. Amid dire technological, </em><em>economic, and political challenges, the reigning ideology of press freedom disserves press </em><em>institutions as well as broader First Amendment values and democratic interests. This Article </em><em>concludes by pointing a path toward alternative legal strategies for the press that would better </em><em>respond to contemporary challenges to democracy.</em></p>", "language": null, "license": { "name": "All rights reserved", "short_name": "Copyright", "text": "© the author(s). All rights reserved.", "url": "https://creativecommons.org/licenses/authors" }, "keywords": [], "section": "Article", "is_remote": true, "remote_url": "https://escholarship.org/uc/item/2n72v3w4", "frozenauthors": [ { "first_name": "Hannah", "middle_name": "", "last_name": "Bloch-Wehba", "name_suffix": "", "institution": "", "department": "" } ], "date_submitted": null, "date_accepted": null, "date_published": "2024-03-01T00:00:00Z", "render_galley": null, "galleys": [ { "label": "PDF", "type": "pdf", "path": "https://journalpub.escholarship.org/ucilr/article/31502/galley/22571/download/" } ] }