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The first amendment isn't even particularly strong protection - it only forbids Congress from restricting freedom of speech, but doesn't set out any specific rights, or preclude states from setting their own laws restricting rights.

E.g. the Portuguese constitution has much stronger guarantees. It explicitly recognises freedom of exprssion as a right, but it also explicitly recognises freedom of access to information as a right: you have a right to inform yourself, and the exercise of that right cannot be limited by any form of censorship.

It also specifically recognises a bunch more rights associated with media. Some rights protect journalists, such as the right to source confidentiality (which isn't even law in the US, let alone a constitutional right), and the right to elect representatives to their employers'editorial team. On the flipside, there's also rights protecting the public from media interference: regulators have the power (and responsibility) to prevent the consolidation of media ownership, and the media's ownership and sources of income must be made public.



> The first amendment isn't even particularly strong protection - it only forbids Congress from restricting freedom of speech, but doesn't set out any specific rights, or preclude states from setting their own laws restricting rights.

This has been true when 1st Amendment has been passed, but has not been true since SCOTUS ruled that 14th Amendment incorporates 1st Amendment for states. Today, states are just as bound by 1st Amendments as the federal government is.

> but it also explicitly recognises freedom of access to information as a right: you have a right to inform yourself, and the exercise of that right cannot be limited by any form of censorship.

That’s interesting, but what does it mean in practice? Can you give me an example of a situation where this right applied in Portugal? I want to know if this would actually protect us Americans from something that the government is currently not prohibited from doing.


> or preclude states from setting their own laws restricting rights.

1A on its own does not do this, but AIUI a subsequent amendment (I think one of the reconstruction amendments?) has been interpreted to apply the restrictions in the constitution to state governments as well.


A good explanation of the incorporation doctrine, with citations: https://www.law.cornell.edu/wex/incorporation_doctrine




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