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Note: Letter below is in reply to a question about a journalist’s right to protect sources…
Subj: What do you think on the subject matter of the first amendment...
Date: 99-02-03 20:25:51 EST
From: Monttag
To: LouisWJ
...in which it ought to allow journalists to protect their sources? This is a question we are debating over in debate class.
My reply:
After 20 years study and reflection, and going thoroughly into Alexander Meiklejohn's works, I say the First Amendment is totally irrelevant to your question.
The relationship of one citizen or group to another is nowhere dealt with in the Constitution, which along with the Bill of Rights deals exclusively with powers and authority guardedly delegated (vested in) a central citizen-created mechanism. There was no purpose whatsoever to set up standards in the field of human and citizen interrelationships. No constitutional law expert can show original intent in this regard.
Our governmental system presupposes that we are mature and civilized enough to deal with each other in an atmosphere of mutual faith and respect, and that persons holding office will adhere to the common moral decencies (Golden Rule, for instance). -- and hopefully, journalists and their sources too.
Face it: Most of the First Amendment decisions during the past 70 years have dealt falsely with matters of interpersonal conduct (as, for instance, applying this Amendment to a supposed "right" of Nazis to stage a terroristic march in Jewish neighborhoods). We have all been guilty of monumental error.
The case you mention should be handled individually in light of its unique circumstances, without falsely invoking the free press clause. It is only with this in mind that the case can be fairly decided.
If you wish to know the real meaning of free speech and press I will be more than glad to answer. We have neither in this country because have not so far been able to discern the true and intended meaning. Consequently, we do not have democracy nor democratic process. Remember: Government of by and for the people.
If you have further questions I am at your disposal.
Louis Worth Jones
1999