There is no single body of “international law” that explains the risks a
reporter, editor, or webmaster faces. There is no such unified theory of
law in securities litigation or in environmental or health care law, so why
should there be one in publishing?
Spend five minutes at the United Nations or any international congress
where arguing about the shape of a meeting table can go on for a day
and it will come as no surprise that media law around the world is a crazy
patchwork quilt of laws, with each square reflecting a nation’s cultural biases,
political history, and economic structure.
Most of us in the mass media—and especially in newsrooms—believe
that free speech isn’t merely an economic or political activity, but is one
rooted in basic and transnational human rights. The desire to express one’s
self is a part of who we are. Indeed, many jurisdictions recognize this by
making free expression a constitutionally protected right.
In the United States, those of us who practice media law often echo the
language of Supreme Court Justice William O. Douglas, who referred to the
“preferred position” of the First Amendment in order to “bring fulfillment to
the public’s right to know.”1
Americans tend to believe that it is the First Amendment, because the
right to speak freely is the right from which all other freedoms stem. One
can’t make informed decisions about the virtues of legalizing marijuana, the
right or wrong of abortion, the illegal activities of Wall Street CEOs, or the
wanton sex lives of movie stars without the right to speak openly. Free
speech is part of—and maybe even responsible for—the American culture.
For better or worse, “everyone has a right to their opinion” is a concept
learned at an early age by Americans. As thick-skinned as we are, we also
learn on the playground that “sticks and stones may break my bones, but
names will never hurt me.