Lidsky and Koningisor on First Amendment Disequilibrium
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 6 March 2024
⏱️ 53 minutes
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Summary
Executive branch constraints and the posture of the media have shifted in significant ways over the past two decades. Lyrissa Lidsky and Christina Koningisor, law professors at the University of Florida and the University of California San Francisco, respectively, argue in a forthcoming law review article that these changes—including the erosion of certain post-Watergate reforms and the decline of local news—have created a First Amendment disequilibrium. They contend that the twin assumptions of the press’s power to extract information and check government authority on the one hand, and the limitations on executive branch power on the other, that undergird First Amendment jurisprudence no longer hold, leaving the press at a significant First Amendment disadvantage.
Lawfare Research Fellow Matt Gluck spoke with Lidsky and Koningisor about the current state of First Amendment jurisprudence, the ways in which the press used to be stronger, executive branch power on the federal and state levels, how the authors think our current First Amendment architecture should change, and more.
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| 1:17.8 | If you look at these things together, the lack of personnel, the decline of expertise, the decline of resources to litigate, to protect its power, the design of resources to lobby legislatures for statutes protecting important |
| 1:26.5 | press rights and you know the overall declining public trust it really is a is a very different landscape of |
| 1:35.6 | press power than it was in these pivotal cases the press simply can't protect its |
| 1:40.9 | prerogatives to the extent it did. |
| 1:44.2 | I'm Matt Gluck, research fellow at Law Fair, |
| 1:47.1 | and this is the Law Fair podcast, March 6, 2024. |
| 1:51.4 | Executive Branch Constraints and the posture of the media have shifted in significant |
| 1:56.2 | ways over the past two decades. Larissa Lidsky and Christina Koningasor, law professors at the University of Florida and the University of California, San Francisco, respectively, argue in a forthcoming law review article that these changes, including the erosion of certain post-Watergate reforms and the decline of local news, have created a First Amendment disequilibrium. |
| 2:20.0 | They contend that the twin assumptions of the press's power to extract information and check government authority on the one hand, |
| 2:28.0 | and the limitations on executive branch power on the other that undergird First Amendment jurisprudence no longer hold, leaving the |
... |
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