John Kerry calls First Amendment ‘major block’ in holding media ‘accountable’

Polls indicate that Americans’ trust in the media is at an all-time low . Those on the Right often refer to much of what the mainstream media reports as "fake news," while those on the Left characterize much of the reporting from the Right as a "disinformation" problem. However, the approach to resolving these concerns remains partisan.

This issue has come into sharper focus recently following comments by John Kerry, former secretary of state under President Obama, at a World Economic Forum conference . He described the First Amendment as “a major block” to achieving accountability in media reporting on facts.

Kerry's remarks underscore the delicate balance between protecting free speech and addressing what different political factions consider fake news or disinformation.

“There’s a lot of discussion now on how to curb those entities to guarantee accountability on facts,” Kerry said. “But if people go to one source that has an agenda and puts out disinformation, our First Amendment stands as a major block to just hammer it out of existence.”

Kerry noted that the problem of disinformation is unique to democracies, where no single leader has the authority to define what constitutes factual information. He suggested that the upcoming elections in November could lead to changes, depending on the outcomes for Congress and the White House.

“What we need is to win the ground, win the right to govern, by hopefully winning enough votes that you’re free to implement change,” he said.

Kerry’s comments have revived sentiments expressed by progressive Congresswoman Alexandria Ocasio-Cortez in 2021, when she called for greater restraint on media practices during an Instagram live video.

“We’re going to have to figure out how we reign in our media environment so you can’t just spew misinformation and disinformation,” she said. “It’s one thing to have differing opinions, but it’s another entirely to just say things that are false. So that’s something we’re looking into.”

The distrust in media and the search for solutions is not a new phenomenon in the United States. In 1949, lawmakers supported what became known as the Fairness Doctrine , motivated by concerns that the three main networks — NBC, ABC, and CBS — could misuse their broadcast licenses to promote a biased public agenda. The Federal Communications Commission enacted the Fairness Doctrine, requiring media outlets to cover controversial public issues and present multiple viewpoints.

The doctrine remained in effect for decades until it was abolished during President Ronald Reagan’s administration in 1987, amid concerns that it violated First Amendment rights.

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