The 4th Estate and the 1st Amendment

Investigative Journalism,image from UNESCO

The term The Fourth Estate is used to refer to the press and, in today's world, to television and radio news, and internet news sources. According to 19th Century Scottish philosopher Thomas Carlyle, the term was first used by Edmund Burke in a parliamentary debate in 1787 on whether to open the House of Commons to reporters. Burke said "there were Three Estates in Parliament; but, in the Reporters’ Gallery yonder, there sat a Fourth Estate more important far than they all.”

Four years later, Amendment I to the United States Constitution was adopted, recognizing and protecting five rights necessary to sustaining the freedom of a people to govern themselves. It reads:

     "Congress shall make no law respecting an establishment of religion, or prohibiting
       the free exercise thereof; or abridging the freedom of speech, or of the press; or the
       right of the people peaceably to assemble, and to petition the government for a
       redress of grievances."

These civil rights were originally intended to protect individuals from laws made by the U.S. Congress -- the Senate and House of Representatives. Of course in those days that meant only white men. Not women, not slaves, not Native Americans, etc. etc. etc.

Gradually, those civil rights have become recognized as belonging to the rest of us. And now they protect us from State and Local governments as well as the Federal Government. We achieved that recognition as a result of people exercising those rights before they were officially law. Exercising them at great risk to themselves, their families, and their livelihoods.

An educated electorate is necessary to oversee our elected government. By educated I do not mean certified by some educational institution. I mean we need to know what our government leaders and employees are doing. This is where The Fourth Estate comes in.

We don't have time in our own lives to attend our respective state houses on a daily basis while they are in session. And most of us live too far from D.C. to observe Congress, or the Supreme Court while they're in session. We, as individuals, have no access to the President as he conducts the daily business of our nation.

We do have access to proposed laws and regulations if we want to take the time necessary to look them up online. We can opt to watch Congressional debates and hearings on CSPAN. We can read Supreme Court decisions, including dissenting opinions, again online. But we can't question the people arguing in those debates and participating in those hearings. We usually don't have access to experts who can discuss or explain the pros and cons of this law or that regulation. Often, because our thoughts as rightfully caught up in our own affairs, we don't take time to even imagine how actions they take and decisions they make might directly affect us.

Because I am retired, I probably have more time to do these things. I'm seldom too tired to watch anything more demanding on TV than 'Dancing with the Stars.' But many of my fellow citizens are. I don't usually need to decompress from my real-life life by playing 'Minecraft' or 'Sims.' But many of my neighbors and friends do.

Whatever our situation, we need a free press to keep us informed about the business of government -- not just the national government as it operates in D.C. But as it protects me and mine on the open seas and the battlefields and in the foreign government and corporate offices of the whole wide world. As it functions on my neighborhood streets by monitoring the safety of our automobiles. As it operates in my kitchen by monitoring the safety of our food. As it works in the medicine chest over my bathroom sink by monitoring the safety of my prescription medications.

I need a free press to keep me informed about the business of government at my State Capital. As it works with the Federal Government and on its own. I need them to help keep track of my local government, my local school board, my state and local courts.

Our Federal, State, County, and City governments are all there to take care of OUR communal business and it is ultimately our responsibility to oversee their work. There's no way we can keep up with them without the much maligned 'media.'

From the beginning of our Republic our Fourth Estate has been shot through with news people more concerned with selling ads and papers. Easy news costs less to collect and is less likely to alienate advertisers and patrons. It means more profit for the news provider. News like who got a ticket for speeding, which local society dame attended what cotillion, who died and when their funeral is scheduled, how the local sports teams are doing, what building permit has been issued, and how much black-baldies are selling for a-hundred-weight. It's all news of interest to somebody.

Then there is the sensational news guaranteed to attract news consumers and thereby sell ads. This news is also fairly easily and inexpensively come by. News about which celeb is in trouble with the law, who's sleeping with whom especially if they have some sort of celebrity status, or shocking declarations from someone with or without legitimate standing that are guaranteed to incite public passions. Again news of interest to someone.

Then there is investigative reporting. That's when news people spend time and resources exploring illegal, unethical, and/or immoral practices by people in responsible positions within our core institutions. This is the news that brings The Fourth Estate into its own. It's usually not easy and seldom inexpensive. On top of that, the results may not be popular or pleasant.

In the mid 1800s Harper's Weekly exposed New York City's corrupt Tammany Hall machine. They reported in print and Thomas Nast's political cartoons, taking aim at the political machine's head honcho.

  

Pretty good resemblence, doncha think? Boss Tweed is reported to have said "I don't care a straw for your newspaper articles, my constituents don't know how to read, but they can't help seeing them damned pictures." He didn't want people to 'know.'

In 1954 Edward R. Murrow, a television journalist, responded to a personal attack on him after CBS News reported on Joseph McCarthy's tyrannical behavior in the U.S. Senate. People needed to know. Something needed to be said. Murrow said it.

Click on the date to see and hear what this journalist had to say.
April 13, 1954

In 1972 Woodward and Bernstein brought Watergate to light resulting in indictments of 40 administration officials, the resignation of President Nixon, and the 1973 Pulitzer Prize for investigative reporting.

In 2003 members of The Boston Globe's Spotlight team received the Pulitzer Prize for their series exposing the cover-up by the Catholic Church of wide-spread sexual abuse of children. How much longer would this despicable behavior been allowed to continue if the world had waited for the Church to fix it? For the law to discover it?

These are but a few examples of the news that people needed to know so something could be done, but we would never have been able to dig it out ourselves.

An informed electorate. That is what is necessary for a free people to govern themselves. It is the responsibility of journalists, regardless of their medium, to provide us dependable information in a fair and unbiased form, regardless of whose ox is gored. That doesn't always happen.

Sometimes they have profits to make. They have pet projects to promote. They have people or beliefs or plans for their own futures to protect.

Sometimes we have to be skeptical and do a little research of our own. We have a vast set of governments to oversee thus insuring the freedoms guaranteed in the First Amendment. Media news people are valuable tools for us to use. It is up to us as individuals to responsibly consume the news.