The First Amendment at Its Bicentennial: Necessary but Not Sufficient?

Abstract

This essay looks at the question of whether an 18th-century protection for freedom of the press — the First Amendment — is sufficient for the challenges that the nation's press faces today. One disquieting conclusion is that many of the problems that faced newspapers in the era that spawned the First Amendment are still present. The study looks particularly at prior restraints and seditious libel and finds instances in which those abuses, long considered abandoned are alive and well—and potentially threatening.