Professor Hannah Bloch-Wehba will be a guest presenter at this year’s Harvard/Stanford/Yale/ Junior Faculty Forum. The event will be held June 29-30, at Yale University and features research presentations by multiple junior scholars.
The Forum promotes discussions about particular legal papers on broad methodological issues, aimed at strengthening community amongst new and veteran professors. No more than 20 junior scholars are chosen to attend each year through a competitive, double-blind selection process.
Professor Bloch-Wehba, who has now been selected twice to participate in the Forum, will present her paper “The Ideology of Press Freedom.” Her paper, forthcoming in the U.C. Irvine Law Review, provides a novel account of the law of press freedom. She argues that legal scholarship and advocacy have adopted an idealized vision of the free press as a guardian of democracy. On the ground, however, press outlets often employ a legal strategy that appears increasingly detached from the public interest. Professor Bloch-Wehba excavates the role of journalism’s professional norms and values in shaping press freedom law and advocacy.
“Professor Bloch-Wehba is a leading scholar in the fields of technology and democratic governance, whose work has had significant national and international impact,” said Huyen Pham, Associate Dean for Faculty Research and Development. “I am so pleased to see that her work is continuing to be recognized and engaged with at this very prestigious forum.”
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Abstract:
Hannah Bloch-Wehba, The Ideology of Press Freedom
This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom, which defends the media’s autonomy and shields the press from outside interference.
But the dominant accounts of the press’s democratic role are only partly accurate. The law of press freedom is grounded in large part on journalism’s professional commitments to objectivity, public service, and autonomy. These idealized characterizations, flawed from the start, drive a business model and a legal strategy that is increasingly at odds with democracy itself. In both its journalism and in its legal advocacy, the press often reifies existing social and racial hierarchies. An inconsistent defender of free expression, the press strategically sits out many First Amendment battles; in others, it pursues narrow, modest remedies unlikely to protect many outside of its ranks. While the press continues to burnish its image as a critical force for the preservation of democracy, its legal strategy has become increasingly detached from the public good.
Alongside a more clear-eyed assessment of the press’s foundational commitments should come a broader rethinking of the press’s freedom and its legal strategy. Amid dire technological, economic, and political challenges, the reigning ideology of press freedom disserves press institutions as well as broader First Amendment values and democratic interests. This Article concludes by pointing a path toward alternative legal strategies for the press that would better respond to contemporary challenges to democracy.