Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2020 Platforms and the Fall of the Fourth Estate: Looking Beyond the First Amendment to Protect Watchdog Journalism Erin C. Carroll Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/2115 https://ssrn.com/abstract=3300966 Maryland Law Review, Vol. 79, Issue 3, Pp. 529-589. This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the First Amendment Commons, Internet Law Commons, and the Privacy Law Commons PLATFORMS AND THE FALL OF THE FOURTH ESTATE: LOOKING BEYOND THE FIRST AMENDMENT TO PROTECT WATCHDOG JOURNALISM ERIN C. CARROLL* INTRODUCTION Even in a city of monuments, the Newseum was striking. Called a “cathedral” to the First Amendment and the free press, it sat along a stretch of Pennsylvania Avenue that connects the White House and the United States Capitol.1 On its façade was a fifty-ton Tennessee marble plaque carved with all forty-five words of the First Amendment.2 Its 250,000 square feet contained some 6214 journalistic artifacts, including paeans to the press’s watchdog role, like the hotel door from the Watergate break-in.3 Despite its grandeur, however, the Newseum teetered on insolvency for years.4 Its executive director hastily stepped down in 2017.5 Its benefactor, the Freedom Forum, then sold the Pennsylvania Avenue building, which © 2020 Erin C. Carroll * Professor of Law, Legal Practice, Georgetown University Law Center.