Journalism Under Fire: Protecting the Future of Investigative Reporting

Columbia Journalism Review Books

by Stephen Gillers

A healthy democracy requires vigorous, uncompromising investigative journalism. But today the free press faces a daunting set of in the face of harsh criticism from powerful politicians and the threat of lawsuits from wealthy individuals, media institutions are confronted by an uncertain financial future and stymied by a judicial philosophy that takes a narrow view of the protections that the Constitution affords reporters. In Journalism Under Fire, Stephen Gillers proposes a bold set of legal and policy changes that can overcome these obstacles to protect and support the work of journalists.Gillers argues that law and public policy must strengthen the freedom of the press, including protection for news gathering and confidential sources. He analyzes the First Amendment’s Press Clause, drawing on older Supreme Court cases and recent dissenting opinions to argue for greater press freedom than the Supreme Court is today willing to recognize. Beyond the First Amendment, Journalism Under Fire advocates policies that facilitate and support the free press as a public good. Gillers proposes legislation to create a publicly funded National Endowment for Investigative Reporting, modeled on the national endowments for the arts and for the humanities; improvements to the Freedom of Information Act; and a national anti-SLAPP law, a statute to protect media organizations from frivolous lawsuits, to help journalists and the press defend themselves in court. Gillers weaves together questions of journalistic practice, law, and policy into a program that can ensure a future for investigative reporting and its role in our democracy.

246 pages, Kindle Edition

Published August 7, 2018

Reviews

[Ietrio · Rating 1 out of 5]

Simply a toxic book that will lead to more control. Luckily, Gillers is nowhere near as influent as he wants himself to be.

Overall it is simply another political discourse that demands more control, in the form of less control. So the politicians are attacking the freedom of the press. So the solution is to make the government, controlled by the same politicians, to somehow magically give the press more freedom. And what is the magical ingredient? Prophets like himself, in dire need of speaking assignments.

[Wei Zheng · Rating 5 out of 5]

In this insightful, thought-provoking book, the author articulates forcefully the arguments to enhance the protection of journalism, particularly the investigative journalism, in light of the current antagonistic trends and political assault towards journalism in general. What does the press mean today in the era of the internet? how can it be defined? What critical roles the press plays in our society? Why did our founding fathers single out the press (Freedom of) in the structure of the Constitution? What the benefits the society can and should get from journalism, particularly the investigative journalism? Why is it imperative today to provide a more effective protection of investigative journalism? Gillers' book is insightful, articulative, and thought provoking. Once I started the book, I could not just leave it and could not help continuing the reading of this insightful and important book.