Book Review: The First Amendment Bubble: How Privacy and Paparazzi Threaten a Free Press, by Amy Gajda

Abstract

The First Amendment Bubble: How Privacy and Paparazzi Threaten a Free Press. Amy Gajda. Cambridge, Massachusetts: Harvard University Press, 2015. 317 pp. $35 hbk.The First Amendment Bubble is a cautionary read for those who think that the Bill of Rights will protect them from censorship and lawsuits. In her thorough analysis of the evolution of media case law, Tulane University law professor Amy Gajda makes a convincing case that news organizations and journalism programs must forego absolutist positions on the First Amendment, or, she warns, we could face a legislative and judicial backlash so harsh, it will roll back such protections to the pre-Sullivan era.Gajda, a former broadcast journalist, argues that more and more judges are expressing skepticism that quasi-journalists-particularly those who focus on celebrity gossip, revenge porn, and public shaming and humiliation of everyday people-deserve the special treatment the courts have given the press. Meanwhile, faced with intense competition for eyeballs and page clicks, serious journalism organizations find themselves chasing stories that used to be the domain of the tabloids. This has so blurred the lines between the quasi-journalists and mainstream journalists and between entertainment and news that neither the public nor judges seem willing or able to differentiate. Any pushback against quasi-journalists will affect the entire journalism establishment.The only shortcoming in this book was that Gadja underemphasizes the power and pressure of customizable news; the reality is that the eyes of potential newsreaders drift to videos of arrogant cats and men trying on women's bikinis. That forces news organizations to pump out stories that are more visceral than important. It is hard to take the high road in that world.Still, Gadja makes a strong case that journalism organizations need to wake up to a new reality. Professional media ethics codes and media law and ethics classes focus on libel-proofing stories and give short shrift to individual privacy rights and the idea of basic human dignity. As an example, she points to codes and practices that teach students that anything that happens in a public space is up for grabs-that no one can argue privacy rights in public. Through one case after another, Gajda demonstrates a disconnect between the press and the public it reports on and to. Despite people's willingness to share just about anything online, they are increasingly asserting privacy rights in public spaces and on the Internet. …