No other country in the world gives protection like that, but it is not absolute protection. People sometimes meet that high burden and win libel suits, and in those cases I think they ought to win.
When I began we did not really have a lot of First Amendment law. It is really surprising to think of it this way, but a lot of the law – most of the law that relates to the First Amendment freedom of the press in America – is really within living memory.
The government would be able to go to court with respect to newspaper articles, broadcast pieces and the like that they thought were bad or harmful or even against the government and try to block them.
I think we have some serious problems now, but, if you look back over the last thirty or forty years that my book deals with, I think we are in better shape now than we would have been if all of those cases had not come down.
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