Constitution Day underscores need for vigilant press
Constitution Day is observed each Sept. 17 to commemorate the signing of the U.S. Constitution in 1787. At a town hall in Phoenix on Tuesday, USA TODAY Editor-in-Chief Nicole Carroll was to discuss the press' role in upholding the rule of law. Excerpts from Carroll’s prepared remarks in response to questions from moderator Homer Moyer, past chair of the International Bar Association's Rule of Law Forum:
Moyer: Freedom of the press is something that is expressly protected by our Constitution, and, perhaps as a result, we in our country have not experienced government control of the media. What are some of the ways that freedom of the press and responsible journalism relate to the rule of law today?
Carroll: The rule of law says all people and institutions are held accountable under laws that that are widely known, fairly applied and enforced and independently adjudicated. The press is critical to all three:
►We report on laws as they are considered and passed. We make sure that those who disagree have a voice.
►We investigate to make sure the laws are equally enforced, and speak up when they are not.
►We expose those who flout the law, and we serve as a watchdog on the independent judicial process.
We have an independent press because that right is enshrined in the Constitution. Under English rule, it was a crime for newspapers to criticize the government — even if the criticism was true. Our Founders knew that a free press was a critical check on the government. And we exercise that check every day. A recent study found that when a city loses its newspaper, the cost of government actually increases.
Q. We are in a self-governing country. Do we need to remind ourselves that we, the voters, are the ultimate check and balance? What is the role of the press with respect to this responsibility that the public bears?
A. The people are the ultimate check and balance. The job of journalism is to make sure the people have the information they need to make informed decisions. That is why we spend so much effort on covering candidates and elections; why we provide voting guides and dig deep into community issues and solutions.
One recent example: When The Arizona Republic published a series of stories on the proposed border wall, journalists flew the entire length of the border and provided searchable video so citizens could see for themselves exactly what is there. That’s crucial information as our country continues to debate border security and spending.
Since the time of our founding, newspapers have provided critical information to voters. The Federalist Papers, which urged ratifying the Constitution, started as essays written to newspapers and published as anonymous op-eds in the late 1780s. Anti-Federalists wrote to and for newspapers as well.
Q. The press both informs the public about what the government is doing and also sometimes serves as a watchdog, exposing graft or corruption or unlawful conduct by government officials or employees. How do you see the role and responsibilities of the press, which is sometimes seen as a fourth branch of government?
A. Our role is to spread truth, as we often say, without fear or favor. We hold the powerful accountable. We have the responsibility to report fairly and accurately. When we make mistakes, we must correct them quickly and transparently. We examine multiple sides of an issue. We solicit diverse opinions.
Q. The media today is far different from what it was a generation ago. In addition to traditional press and TV networks, we now have cable news, radio talk shows, blogs and the internet. Some of these channels of information have lost, or discarded, the traditional distinction between “news” and “opinion.” Is this simply a collision between free speech and traditional journalistic standards? Do we need new rules?
A. We don’t need new rules. That would not be consistent with the First Amendment. At our country’s founding, there wasn’t a line between opinion and news. Many newspapers were funded by political parties. What we have now is far healthier. But what we need is more media literacy and critical thinking about sources and types of information. That said, in the interest of clarity, some organizations could do a better job of distinguishing between their news and opinion content.
Q. The rule of law and functioning democracies depend not only on rule of law principles, but also on unwritten traditions or “guardrails,” such as civility, honesty and the ability to compromise. How important are these unwritten rules to our ability to govern ourselves and to deal with one another?
A. The ability to compromise is critical. The Bill of Rights itself was born out of compromise between the Federalists who wanted a strong national government and the Anti-Federalists who favored smaller, local government. Civility is important as well. We can challenge government officials, and we can vehemently disagree about things such as access to public records, without turning to personal attacks. The same should be true when public officials believe the media gets something wrong. Honesty is under attack like never before. Our role in pushing back couldn’t be more crucial.
Q. If you were to point to one thing that we individually or collectively might do over the next few years to strengthen the rule of law and our democracy, what might you name?
A. I believe that education strengthens democracy. Justice Sandra Day O’Connor founded iCivics to reimagine civics education with the idea that “civic knowledge is a prerequisite for civic participation.” How do you know if the rule of law is being followed if you don’t recognize when it is under threat? News organizations educate and empower citizens. A simple thing we all can do: Support local journalism.
Educational events were held across the United States in connection with Constitution Day. Carroll was to take part in a program in Arizona sponsored by the International Bar Association Foundation, the Sandra Day O’Connor Institute and the Sandra Day O’Connor College of Law at Arizona State University. Other scheduled participants: Jon Kyl, former U.S. senator from Arizona; Myles Lynk, professor emeritus, Sandra Day O’Connor College of Law at ASU; and Ruth McGregor, former chief justice, Arizona Supreme Court and O’Connor Supreme Court clerk.
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This article originally appeared on USA TODAY: Constitution Day highlights need for free and vigilant press
