The first constitutional guarantee of freedom of the press appeared in the Virginia Declaration of Rights in 1776, and was considered by the drafters to be one of the "fruits of genuine democracy and historical experience."
The inspiration of this sentiment comes in part from English legal philosopher Sir William Blackstone, whose "Commentaries on the Law of England" had a profound influence on the American legal system. Blackstone observed, "The liberty of the press ... consists in laying no previous restraint upon publications, and not in freedom for censure in criminal matters when published." Blackstone believed deeply that the liberty of a free press is essential to the nature of a free state.
In Arkansas, this idea is under siege. Recently, Gov. Sarah Sanders, formerly the spokesperson for President Donald Trump, suggested to the press: "At this point, I think you guys [the media] are at a decision point. I'm not trying to be rude, but I think you have to decide whether you want to be actual journalists or whether you want to chase tabloid gossip."
She was upset that the press was inquiring about an expenditure for a lectern that is now being scrutinized by Legislative Audit. I was reminded of what the philosopher Montesquieu, a significant influence on the American Constitution, wrote: "The more men talk, the less they think."
Governor Sanders has been unable to explain the expense of the lectern, which suggests, after all this time, that there is no explanation. Executive office spending is rampant to the point that whether the lectern was fraudulent or opulent is in the hands of professional auditors. To be sure, the ineptitude of Sanders and her staff have made Arkansas look foolish on the local and national stage, which is why her poll numbers continue to decline.
Attacking freedom of the press is especially concerning. Sanders' aim, like Trump's, is sinister. Just as Trump labeled every bit of news coverage he did not like as "fake news," Sanders is laying a foundation for the same in Arkansas.
It is the only rationale for attacking Andrew DeMillo of the Associated Press, an esteemed reporter in Arkansas. Politicians may not like DeMillo's reporting, but his proclivity for accuracy on top of professional credibility is unimpeachable. This is known across both sides of the political aisle, and has been for decades.
Today in Arkansas, Sanders is applying lessons she learned from her former boss. Trump assailed the press relentlessly and with aplomb. It did not matter that it was egregious and unfounded because, sadly, confrontation was the point. Trump's aim was to sow doubt among his supporters, many of whom were easily manipulated. Sanders assumes the same among her supporters in Arkansas.
But I also imagine something more: She believes the press is capable of bending to her will. It is the same miscalculation Trump made.
Let's be clear: News of exorbitant personal financial expenditures, the mysterious matter of the lectern, the conspicuous commercial development near the Buffalo National River involving her husband, ongoing financial concerns surrounding Arkansas LEARNS, political motivations behind state Medicaid rollbacks, the lack of rural broadband access despite considerable federal funding, increasingly high infant mortality and maternal mortality rates, declining OB/GYN services in Arkansas hospitals, and a population that is first in the nation in food insecurity, all of which was ignored by the governor in the last legislative session, is a result of reporting by a vigorous and free press.
That will continue only if Arkansawyers value what Thomas Jefferson argued in 1786 when freedom of the press became a hallmark of our founding: "Our liberty depends on the freedom of the press, and that cannot be limited without being lost."
Blake Rutherford, an Arkansas native, teaches government and economics in Bentonville. He can be reached at [email protected].