Freedom Of The Press, Plainly Explained

Do you want to know what “freedom of the press” protects when you hit publish, post a video, or record a public official? We sit down with Professor Eugene Volokh, a leading First Amendment scholar, to draw a clear map through press rights, speech doctrine, and the practical rules that shape what you can say—and how you can gather the facts to say it.

We start with a plain-English definition: press freedom, not just credentialed journalists, belongs to everyone. That means the right to use mass communication tools—from the printing press to social platforms—without prior licensing or punishment. We break down where the law draws rigid boundaries, focusing on defamation: the difference between opinion and false factual claims, how libel and slander work, and why public figures face the “actual malice” standard. Then we turn to news gathering, highlighting the widely recognized right to record police and other officials performing their duties in public, and why that right is essential to any meaningful freedom to publish.

As the conversation moves online, we connect historical principles to modern technology. The same rules that governed pamphlets and newspapers now apply to tweets, blogs, livestreams, and uploads: you can’t publish actual threats or defamatory lies, but you can share opinions, criticism, and truthful reporting. We also show how courts often treat speech and press as one broader freedom of communication, and we point listeners to accessible resources that summarize what courts actually hold. By the end, you’ll know how to avoid legal pitfalls, assert your right to record and report, and understand why a vibrant press—professional and citizen—keeps democratic life honest.

If this conversation helped clarify your rights, follow the show, share the episode with a friend who posts online, and leave a review with one question you want us to tackle next.

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