Freedom of the press around the world declined in 2016 for the 12^th year in a row, according to Freedom House. Between reporters being jailed as enemies of the state and news organizations being shut down completely, journalism today faces a very hostile environment. Our current president’s tweet that the press is “the enemy of the American people” only introduces more turmoil for journalists and emboldens dictators around the world. His claim also couldn’t be further from the truth.

As Ronald Reagan famously noted, America is “a shining city on a hill.”  Our experiment with democracy is on full display for the world to see. And one of the more important factors of our success is a free and independent press. Over the course of our history, the world has seen an educated, relentless and free press expose the Teapot Dome Scandal and President Nixon’s Watergate along with countless local cases of corruption and deception. A free press is a bedrock principle of democracy. It provides necessary transparency, helping to educate citizens and fulfilling an important check on power.

On Presidents and a Popular Press

Yet, despite its importance, a recent Gallup poll showed that public approval ratings of major media platforms are at all-time low. It’s worth noting that, in the last 20 years, the media’s approval ratings have never risen above 40% for digital, print or television news. One could argue that if the press isn’t hated, then it’s not doing it right!

Before he became president, Thomas Jefferson was an original proponent of a free press. In a letter from 1787, he wrote “And were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.” However, during his successful campaign for President in 1800, candidate Jefferson endured heavy scrutiny by the press. By the time he took office, he hated the press or at least what he thought it had become. In his second term, he even ordered the arrest of newspaper editors for sedition. However, by 1816, seven years after he left the presidency, Jefferson wrote in a letter “where the press is free, and every man able to read, all is safe.”

Similar, strained relationships with the press continued with later administrations. After the failed invasion at the Bay of Pigs, President John F Kennedy stated “…the abrasive quality of the press applied to you daily, to an administration, even though we never like it, and even though we wish they didn’t write it, and even if we disapprove, there isn’t any doubt that we could not do the job at all in a free society without a very, very active press.”

Declaration of Independence

And just a few days ago, when asked about the role of the news media, former President George W. Bush responded, “I consider the media to be indispensable to democracy. We need an independent media to hold people like me to account. Power can be very addictive. And it can be corrosive. And it’s important for the media to call to account people who abuse their power, whether it be here or elsewhere.” This from a president who lost the popular vote but won the Electoral College. He assumed office at a time when the nation was highly politicized and divided. He weathered withering criticism from the press about his policies, cabinet picks and early missteps.

This is the point: Elected officials and most citizens will never like a healthy press corps. We don’t need journalists to be loved. We need them to be aggressive, persistent and abrasive. In turn, politicians should respect the press’ role in our democracy, not undermine it for their own political gain. Struggling democracies and entrenched dictators around the world are watching our “shining city on a hill.” What do we want them to see?

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.”

—First Amendment to the Constitution (1791)

According to Freedom House’s Freedom of the Press report for 2016, press freedom worldwide has declined to its lowest point in 15 years. According to the report, only 13% of the world’s population enjoys a free press. From the heinous attack on Charlie Hebdo to state-sponsored censorship in China to violence committed against journalists covering organized crime in Mexico, it’s clear that journalists are increasingly hindered around the globe. Lest we become complacent, it is important to note that the U.S. only ranks at number 41.

Against that backdrop, it’s especially concerning when Donald Trump says that “70 to 75% of it (media) is absolutely dishonest, absolute scum.” And, he hasn’t stopped there. He mocked a disabled reporter. And, when a reporter asked him a tough question about the alleged funds he raised for veterans’ groups, Trump’s response was to call him “a sleaze.” It would be one thing if this was just bluster. But, Trump has advocated for the re-opening of libel laws so “we can sue (news organizations) and win lots of money.”

To understand what Trump wants to do, you only have to look across the Atlantic at the British libel laws. In order to bring a libel suit in the U.S., a person must prove that the published work was false. However, in the U.K., the onus is on journalists and reporters to prove their claims are true in court, which costs substantial time and money. This creates a chilling effect on reporting and free speech especially with regard to rich and powerful people or organizations.

In 2014, Cambridge University Press said it wouldn’t release a book critical of Russian President Vladimir Putin in the U.K. because it feared being sued. John Haslam, Executive Publisher at Cambridge University Press noted in a letter to the author that “the disruption and expense would be more than we could afford, given our charitable and academic mission.” More recently, HBO declined to release Going Clear—a documentary about the Church of Scientology—in Britain because of the high costs associated with defending against a libel suit. There are also cases of whistleblowers like Peter Wilmshurst being taken to court by a pharmaceutical company. Wilmshurst, a cardiologist, took issue with the science supporting a specific cardiac drug.  When he proposed to publish data from his experiments, he was sued for libel in an attempt to repress his findings. He successfully defended against the suit, but only after years in court and much cost to him.

Trump hasn’t offered any specifics about his plan to amend libel laws here in the U.S., but his stated goal of being able to “sue and win lots of money” suggests that he would go at least as far as Britain’s laws. And, to be fair, Trump isn’t the only one working to undermine press freedoms. The rich and powerful often want less criticism of their actions. For these reasons, the Founding Fathers made the First Amendment clear: “Congress shall make no law…abridging the freedom of speech, or of the press.” This fundamental and important boundary for government is essential to the free flow of ideas and leads to an informed public.

In 1804, Thomas Jefferson wrote in a letter that “Our first object should therefore be, to leave open to him (man) all the avenues to truth. The most effectual hitherto found, is the freedom of the press. It is, therefore, the first shut up by those who fear the investigation of their actions.”

Nelson Mandela echoed these sentiments in 1994: “A critical, independent and investigative press is the lifeblood of any democracy. The press must be free from state interference. It must have the economic strength to stand up to the blandishments of government officials. It must have sufficient independence from vested interests to be bold and inquiring without fear or favour. It must enjoy the protection of the constitution, so that it can protect our rights as citizens.”

America should strive to serve as an example of freedom and democracy. We should resist efforts to rein in the press by politicians who are either thin-skinned or trying to hide something. We should support the work of media organizations to shine a light on uncomfortable truths. We should applaud journalists who hold people in power accountable—not make it easier for wealthy individuals, government institutions, corporations and elected officials to silence their critics. Without a strong and independent press, we are less likely to hear opposite points of view—already a problem in American politics. We are more susceptible to demagogues, who feed on false information and half-truths. Without a free and vibrant press, the quality of our public debate will diminish, our political leaders will run unchecked and our democracy will suffer.

Another day, another outlandish campaign promise from Donald Trump. This time, he threatened to “open up the libel laws” so he can sue the press when they write articles that he doesn’t like. While there is no federal libel law, whatever means Trump uses to fulfill his campaign promise would likely undermine some basic First Amendment protections. You know, part that says, “Congress shall make no law…abridging the freedom of speech, or of the press…”

With bulldozing, blustering candidates like Trump, robust protections for the freedom of the press are more important than ever. A strong and capable press corps is a hallmark of a healthy democracy. Just look around the world: Where you find restrictions on the press, you find authoritarian regimes that limit freedom of citizens. In some countries, press organizations are restricted in what they can say. In others, journalists are restricted in their access to social platforms or technological tools.

For all these reasons, it’s important that the multi-stakeholder process, organized by the National Telecommunications and Information Administration (NTIA) to develop a set of best practices to regulate the use of drones, recognize that journalists have fundamental protections under the Constitution.

A new technology such as Unmanned Aircraft Systems (UAS) doesn’t change the need for a free press. In fact, as ever, the press need to be able to utilize new technologies to continue effectively informing the public. The printing press enabled newspapers to reach mass audiences. The photograph helped reporters paint a more vivid picture. Now, UAS help journalists describe the full impact of a natural disaster or the landscape of a war-torn region. Access to new technologies helps journalists maintain their effectiveness and meet the expectations of the public.

The multi-stakeholder model developed by the NTIA has proved useful in bringing together diverse viewpoints and constituencies to hammer out agreements on thorny public policy issues. That said, journalists using drones to inform the public is very different from Amazon using drones to deliver packages. The Constitution recognizes the difference. The courts have recognized the difference. Because the NTIA group’s final product could be used as a framework for legislation at the state or federal level, it should also recognize the difference. Journalists need strong protections and access to the latest technology in order to maintain a robust democracy that can withstand any blustering, bulldozing political movement du jour.