Impact Analysis of the Law Concerning Freedom of Expression

Libel continues to be a major legal problem for the press, but little empirical research has addressed its impact, particularly on such topics as: 1. source confidentiality, 2. open meetings, 3. open records, 4. privacy, and 5. television in the courtroom. Methodologies for conducting this type of research include: 1. surveys of media practitioners, 2. surveys of policy implementers and interpreters, 3. measures of litigation levels, 4. unobtrusive and documentary measures, and 5. studies of public opinion. A review of research using such methods shows few studies about speech, suggesting that studies of the impact of First Amendment law should more often look at the broader concept of freedom of expression. Surveys of practitioners and policy implementers have been used most often, but measuring the consequences of media law is especially important. Journalism professionals may prefer to argue for an absolute or preferred position for press rights since impact analysis may show that its cost is outweighed by the benefit to society. However, hard data are preferable to ignorance.