Public officials of all political stripes throughout American history have accused the press of false or biased reporting. President Donald Trump, for one, has accused some news organizations of publishing "fake news" about his administration. This is an opportune time for educators to reach back to James Madison for what may be the most powerful defense of freedom of the press written by any American.
Each year, the New York State Bar Association (NYSBA) convenes the New York Fair Trial Free Press Conference, which brings together a panel of journalists, judges, and lawyers to discuss a hypothetical case involving free speech, the freedom of the press, and citizens’ right to a fair trial. This guide uses videos taken from the 2018 conference to address First Amendment issues like privacy rights, shield laws, and confidential sources.