The First Amendmentand Credibility: Revisiting Nelson v. Mcclatchy Newspapers

Abstract

When the Washington Supreme Court held that a newspaper had a First Amendment right to control the personal, political activity of reporters, despite state law to the contrary, it triggered a flurry of criticism. Aside from raising important questions about individual rights, the case also raises a question about the nature of the press as an expressive assembly. The decision reflects an understanding of the press as an ideological organization committed to core democratic beliefs. Positioning a news organization within that ideology results in expansive protections under the Press Clause. In Washington, for example, the court's decision reflects a kind of thinking traditionally seen in expressive assembly cases, resulting in the elevation of the journalistic principle of "credibility" to First Amendment status.