As citizens of the United States, many freedoms about what we can do, say, and even think are protected under the Bill of Rights, otherwise known as the first 10 amendments. Journalism is a very common extension of this. Oftentimes, journalists must investigate and push boundaries to report on sensitive topics.

When they eventually publish their piece, they are protected under the First Amendment. Even if it is critical of the government or society, freedom of speech applies to them. However, obtaining the information to get a publication out is where things can get murky. 

The first thing that must be made clear is exactly what the First Amendment is and what it really means. As per the textbook definition, the First Amendment prohibits Congress from making a law respecting an established religion, prohibiting or abridging the free exercise of speech, the press, or the right of the people to assemble in petition to the government peaceably. 

Specifically stated, the right to exercise a free press is a power that citizens hold. On Friday, May 1 of 2026, I, along with many other Oakmonitor staff members, attended the NESPA journalism conference at Boston University. During this event, I met Mr. Justin Silverman, a member of the New England First Amendment Coalition. NEFAC is an organization dedicated to protecting the First Amendment rights of citizens, primarily journalists. He gave a presentation about his experience with the First Amendment as a journalist and a lawyer, with a very interesting angle.

During his presentation, he explained that there are general, but loose, restrictions on journalists. Although journalists cannot be punished for covering material, how we obtain information is what can cause issues between reporters and the law. These limitations are content-neutral, meaning they’re applicable regardless of the message or speaker. 

One of the biggest factors to consider is time, place, or manner restrictions, as Silverman told us. They are essentially limits on where you can go to cover material or speak your opinion. The time at which you conduct your expression or report on something must be done to avoid public disturbance. Places where you can freely express yourself are set to traditional or designated public forums. Lastly, the manner in which you act should not obstruct the lives of the community around you or the law. Examples being a humble lawn sign vs. a 50-foot billboard about who you voted for.

Although these may seem like clear-cut rules, many gray zones have come up before. In fact, Silverman himself has run into trouble with the law before, as he told us his story back in his college years

He had told us that in 2003, the men’s basketball team at Syracuse University had won a major championship game. As a result, large student riots broke out. The campus had become very chaotic, with rowdy college students in the streets. 

While the police tried to contain the situation, Silverman was standing by reporting what had happened. As he explained to us, an officer had told him to leave, despite Silverman telling him that he was a journalist. The officer told him, “Being a journalist doesn’t give you the right to do whatever the f*** you want”. 

Although they took him into custody, Silverman was able to fight the case out in court. Thankfully, he went off without legal repercussions. However, this begs the question – who was wrong here?

Most students who had attended his presentation believe he had been wronged. Going back to the previously discussed limits on the First Amendment, he was within a public forum. His actions (reporting on the scene) were not to aid the riots; his only intention was to record what happened and share it with the public. In the eyes of law enforcement, he was the problem.

The hard thing about the First Amendment is that it’s often up to human interpretation when it’s being considered. During an interview I held with Silverman, we discussed what could be done to protect journalists’ First Amendment rights. Silverman stated, “On the federal level, we could release anti-SLAPP laws. Another thing we could advocate for is shield laws.” He went over the difference between the two, explaining why each would be important.

Anti-SLAPP laws target strategic lawsuits against public participation. These lawsuits may not always win, but they serve more to deter free speech. By specifically targeting and forcing journalists to expend resources like time and money, they are usually forced or intimidated into silence. Currently, anti-SLAPP laws exist in roughly 7/10 US states, though some are looser than others. While time-consuming, making a federal law could make certain protections more standard. 

The other part is shield laws. Focusing more on investigative journalists covering sensitive topics, shield laws would give them a sort of reporter’s privilege. Essentially, journalists can refuse to declassify their sources, even in a court. Having a law like this would allow people to gain and read sensitive insider information without fear of the government stepping in. Like the previously mentioned laws, the coverage is not constant nationwide.

Both of these work only in addition to the First Amendment. That said, “the First Amendment still does enough,” said Silverman. As he explains, the importance comes from how we choose to defend our rights. “Although our rights may be violated, we can find it in the resolve to fight back, and advocate for journalists’ freedoms. That is how we prevail”. 

At the end of the day, journalism is a lot more than just investigation and picking up dirt on people and corporations. Silverman says journalism is the art of getting to know others, learning information, and most importantly, getting material out to the public. 

So as long as we have people willing to challenge boundaries and speak their mind, we’ll have people who call themselves journalists. That, and the rare few who’ve posted three dozen articles to their high school newspaper. In all seriousness – it’s been a fun 4 years, and I thank you all for reading my stories. My time in the Oakmonitor has allowed me to grow more than I could imagine, and I’ve made so many friendships.

Let’s cheer for the future!