The Supreme Court’s decision to leave the landmark “actual malice” standard intact may have passed quietly, but its impact on press freedom, public debate and defamation law is enormous. In his latest “Democracy Desk” op-ed, Digital Media Laureate and E&P columnist Stuart N. Brotman explains why the legal doctrine at the heart of New York Times Co. v. Sullivan remains a crucial safeguard against efforts to silence criticism of powerful figures. more

As broadcasters debated whether to air President Donald Trump’s recent prime-time address live and local newspapers continued rethinking political opinion pages, one question has become increasingly difficult to ignore: Has journalism’s greatest challenge shifted from protecting free speech to preserving productive public discourse? Constitutional scholar Stuart Brotman believes the First Amendment remains remarkably strong. It is America’s ability to engage respectfully with one another that is showing signs of strain. more

America turns 250. The major motion picture “Network” turns 50. In this month’s “Democracy Desk,” E&P Columnist Stuart N. Brotman connects the dots between the two anniversaries and explains what the First Amendment actually protects — and what it was never designed to do. more

A growing divide in how Americans consume news is creating profound challenges for journalism and democracy alike. In this month’s Democracy Desk, E&P columnist and media policy expert Stuart N. Brotman examines new research showing younger audiences increasingly turn to social media, creators and AI-powered tools for news, while older generations remain rooted in traditional media habits. The shift raises urgent questions about trust, civic engagement and whether the next generation’s news consumption patterns can sustain an informed democracy. more

During a recent appearance on “Real Time with Bill Maher,” Vice President JD Vance invoked the First Amendment to defend his criticism of the 2020 election. But does the U.S. Constitution support his argument? In the latest installment of “Democracy Desk,” Digital Media Laureate and E&P Columnist Stuart N. Brotman examines what the First Amendment actually protects; why the distinction between government censorship and private editorial judgment matters; and the media’s mandate to inform the public. more

A dinner interrupted by gunfire may have created an unexpected opportunity for reconciliation between a president and the press corps that covers him. E&P columnist and media policy expert Stuart N. Brotman argues that when the White House Correspondents’ Association reconvenes its annual dinner on July 24, President Trump has a rare chance to deliver something more meaningful than a roast: a public affirmation that attacks on a free press are attacks on American democracy itself. more

Free speech debates in America have traditionally focused on the power of government to silence critics. But in today’s always-on media environment, the forces shaping public expression are far more complex. From viral clips to online backlash, social media audiences now play a growing role in determining what is said — and what is left unsaid. In this month’s “Democracy Desk,” media scholar Stuart Brotman examines how the 2026 awards season revealed a new kind of chilling effect on free expression. more

At a time when free expression is facing pressure from multiple directions, media scholar and E&P columnist Stuart N. Brotman examines a series of remarkable federal court rulings in which judges are defending First Amendment rights with unusual moral clarity, constitutional conviction and literary force reminiscent of some of the nation’s most celebrated jurists. more

As the nation approaches its 250th anniversary, debates over free expression are once again front and center. In this month’s column, Stuart N. Brotman argues that the rise of “cancel culture” reflects a deeper struggle over who gets to speak — and who gets silenced. While public shaming may feel new, he reminds us that efforts to suppress ideas have long shaped American culture. Brotman calls for a cease-fire, urging a renewed commitment to open dialogue as a defining principle of the nation’s next chapter. more

In this debut column, Stuart N. Brotman examines a troubling rise in censorship, retaliation and print bans targeting student newspapers at public universities, where First Amendment protections should be strongest. Drawing on recent cases from Indiana to Oklahoma, he details how administrative pressure is being used to silence rigorous campus reporting. Brotman argues that these actions undermine journalism education and weaken democratic norms at a critical moment. He concludes that stronger state-level protections are needed to ensure student journalists can report freely without fear of reprisal. more

Free expression in America isn’t collapsing all at once — it’s eroding quietly, often in ways the public barely notices. In a wide ranging conversation, First Amendment scholar Stuart N. Brotman warns that political pressure, platform power and public misunderstanding are reshaping the boundaries of press freedom in real time. Drawing on decades of experience across academia, government and media policy, Brotman makes the case that the next few years will be decisive. And he argues that local journalism may be the strongest remaining force capable of rebuilding trust, civic understanding and a shared commitment to free expression. more

A 2020 Pew Research Center survey found that three-fourths of Americans believe it’s possible to improve public confidence in the media. So, what can news organizations do to repair relationships with their most skeptical audiences? Stuart N. Brotman, a Digital Media Laureate and Distinguished Senior Fellow at The Media Institute, believes it's “especially timely to explore the possibility of a National News Council 2.0 as one way forward.” In this column, he suggests some essential principles and operating procedures to consider. more

Jeff Bezos’ overhaul of The Washington Post’s Opinions section has sparked intense backlash. By vowing to champion “personal liberties and free markets” while sidelining opposing views, he’s drawn sharp criticism — even from former Post leaders. With Opinions editor David Shipley resigning in protest, the move raises questions about editorial independence. Will Bezos uphold the broad freedoms he claims to defend, or is this a shift toward ideological control? more

The courts and the FCC have noted that “public interest” implies a balance of all relevant factors that the agency should consider. However, the FCC and the courts have failed to build a body of precedent to imbue the public interest standard with a concrete, durable meaning. This decades-long lack of clarity calls for more focused legislative attention to what decisional guidance should be delegated to the FCC. more

James Madison, the fourth U.S. president, was small in stature but very big in ideas. He was one of the seven Founding Fathers and had a critical role in developing the U.S. Constitution and, ultimately, the Bill of Rights. He would be dismayed if he were with us today, with political polarization and social rancor throughout our nation on a clear upward trajectory. more