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10 Comm. L. & Pol'y 1 (2005)

handle is hein.journals/comulp10 and id is 1 raw text is: COMMUNICATION LAW AND POLICY Volume 10 Winter 2005 Number 1 Copyright © 2005 Lawrence Erlbaum Associates, Inc. THE FIRST AMENDMENT AND CREDIBILITY: REVISITING NELSON V. MCCLATCHY NEWSPAPERS JON PAUL DILTS* When the Washington Supreme Court held that a newspaper had a First Amendment right to control the personal, political activity of reporters, despite state law to the contrary, it triggered a flurry of criticism. Aside from raising important questions about individual rights, the case also raises a question about the nature of the press as an expressive assembly. The decision reflects an understanding of the press as an ideological organization committed to core democratic beliefs. Positioning a news organization within that ideology results in expansive protections under the Press Clause. In Washington, for example, the court's decision reflects a kind of thinking traditionally seen in expressive assembly cases, resulting in the elevation of the journalistic principle of credibility to First Amendment status. The First Amendment, the courts tell us, is a zealous protector of the speech of the good as well as of the bad, and maybe even of the ugly. It protects the speech of religious zealots, pornographers and scurrilous scoundrels in much the same way it protects the speech of saints and saviors. It does not inquire into character, nor *Associate professor and former associate dean, School of Journalism, Indiana University.

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