Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Congress has an obligation to support the spread of accurate news

Opinion

Postal trucks
Spencer Jones/GHI/UCG/Universal Images Group via Getty Images

Frazier is an assistant professor at the Crump College of Law at St. Thomas University. He previously clerked for the Montana Supreme Court.

The Post Office Act of 1792 is the most important piece of legislation you’ve never heard of. This single act turned the postal network into a marketplace of ideas rather than a means for generating revenue. Today, our primary channels for the spread of ideas – social media platforms – are steered by profit rather than the public’s interest.

If that status quo persists, you can expect our democracy to continue to deteriorate. That’s why we’ve got to study and learn from the Post Office Act, Congress’s postal power and the expectations of the founders. A quick historical review suggests that the government not only has the authority to intervene in the marketplace of ideas but actually has an affirmative duty to do so.


You don’t need a PhD in political science to know that our democracy will fail if people don’t have access to timely, accurate and actionable news. The Founders acted on that simple fact by establishing and expanding a postal network. Thanks to the Post Office Act, the 69 post offices that existed in 1788 became 13,000 by 1840. What’s more, the law subsidized the spread of democratic information by lowering the postage rate for newspapers and eliminating postage for the exchange of news between printers. It follows that over the course of a few decades, Congress made sure that Americans in every nook and cranny of the country could read about current affairs in quality newspapers.

Two centuries later, it appears as though Congress has forgotten its obligation to maintain a primary channel for the distribution of democratic knowledge. That obligation is baked into Article I, Section 8, Clause 7 of the Constitution, which grants Congress the power to “establish post offices and post roads.” Given that there were no alternative channels for mass communication when the Constitution was written, this clause can and should be interpreted as a grant of authority to develop a robust marketplace of ideas.

Now, you might ask why the Founders didn’t instead grant Congress the power “to ensure widespread access to information on current affairs.” But that’s akin to asking why principals didn’t have ChatGPT policies in 2004. You can’t regulate what hasn’t been invented. When the Founders authorized congressional control over the postal network, they were authorizing government intervention in the only channel of mass communication that had ever been known. In short, Congress’s postal power should be read in a technologically neutral way – any other interpretation would render much of Congress’s other enumerated powers pointless.

A quick thought exercise proves my point. Article I, Section 8, Clause 13 empowers Congress to "provide and maintain a Navy." The Navy in 1790 looked a lot different than today’s Navy. If this clause wasn’t read in an instrumental fashion – to permit Congress to maintain a functioning Navy – then one could argue that Congress ought only fund 36-gun frigates even though technological advances have since made those ships obsolete.

Today, the postal network is no longer the primary channel for the distribution of news. That title belongs to social media platforms. Don’t take my word for it. Here’s what the Supreme Court had to say in 2017: Cyberspace hosts the “most important places for the exchange of views.” Yet, in the same way our postal network used to be perceived solely as a money-maker, we have been lured into accepting a narrow conception of social media platforms as economic entities rather than essential and irreplaceable channels of communication.

The Post Office Act, viewed in the political and technological context of the times, should serve as a reminder that the Founders would have vigorously contested the primary channels of communication being exclusively operated by private entities and, for all intents and purposes, solely in the interest of profit. Again, don’t take my word for it.

Thomas Jefferson noted that the success of a democracy hinges on the people having "full information of their affairs through the channel of the public papers." That's why he called for a communications network that ensured "those papers ... penetrate the whole mass of the people." In case there was any doubt about Jefferson's belief in the need for a functioning marketplace of ideas, he went so far as to say, "were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter." George Washington likewise stressed the "importance of facilitating the circulation of political intelligence and information."

Jefferson and Washington could not be more clear: A democracy requires a primary channel for distributing news about current affairs. If that channel had been in the hands of a few merchants with insufficient concern about our collective democratic health, do you think these revolutionaries would have just accepted that untenable status quo?

I think “no” is the only rational answer. So, let’s learn from our Founders and dare to demand a reconception of our information ecosystem that serves people rather than profit. In particular, scholars, policymakers and the like should explore a new interpretation of Congress’s postal power – this new research could unleash a long overdue reconfiguration of our marketplace of ideas.


Read More

Why Greenland and ICE Could Spell the End of U.S. Empire
world map chart
Photo by Morgan Lane on Unsplash

Why Greenland and ICE Could Spell the End of U.S. Empire

Since the late 15th century, the Americas have been colonized by the Spanish, French, British, Portuguese, and the United States, among others. This begs the question: how do we determine the right to citizenship over land that has been stolen or seized? Should we, as United States citizens today, condone the use of violence and force to remove, deport, and detain Indigenous Peoples from the Americas, including Native American and Indigenous Peoples with origins in Latin America? I argue that Greenland and ICE represent the tipping point for the legitimacy of the U.S. as a weakening world power that is losing credibility at home and abroad.

On January 9th, the BBC reported that President Trump, during a press briefing about his desire to “own” Greenland, stated that, “Countries have to have ownership and you defend ownership, you don't defend leases. And we'll have to defend Greenland," Trump told reporters on Friday, in response to a question from the BBC. The US will do it "the easy way" or "the hard way", he said. During this same press briefing, Trump stated, “The fact that they had a boat land there 500 years ago doesn't mean that they own the land.”

Keep ReadingShow less
Family First: How One Program Is Rebuilding System-Impacted Families

Close up holding hands

Getty Images

Family First: How One Program Is Rebuilding System-Impacted Families

“Are you proud of your mother?” Colie Lavar Long, known as Shaka, asked 13-year-old Jade Muñez when he found her waiting at the Georgetown University Law Center. She had come straight from school and was waiting for her mother, Jessica Trejo—who, like Long, is formerly incarcerated—to finish her classes before they would head home together, part of their daily routine.

Muñez said yes, a heartwarming moment for both Long and Trejo, who are friends through their involvement in Georgetown University’s Prisons and Justice Initiative. Trejo recalled that day: “When I came out, [Long] told me, ‘I think it’s awesome that your daughter comes here after school. Any other kid would be like, I'm out of here.’” This mother-daughter bond inspired Long to encourage this kind of family relationship through an initiative he named the Family First program.

Keep ReadingShow less
Wisconsin Bill Would Allow DACA Recipients to Apply for Professional Licenses

American flag, gavil, and book titled: immigration law

Photo provided

Wisconsin Bill Would Allow DACA Recipients to Apply for Professional Licenses

MADISON, Wis. — Wisconsin lawmakers from both parties are backing legislation that would allow recipients of the Deferred Action for Childhood Arrivals program to apply for professional and occupational licenses, a change they say could help address workforce shortages across the state.

The proposal, Assembly Bill 759, is authored by Republican Rep. Joel Kitchens of Sturgeon Bay and Democratic Rep. Sylvia Ortiz-Velez of Milwaukee. The bill has a companion measure in the Senate, SB 745. Under current Wisconsin law, DACA recipients, often referred to as Dreamers, are barred from receiving professional and occupational licenses, even though they are authorized to work under federal rules. AB 759 would create a state-level exception allowing DACA recipients to obtain licenses if they meet all other qualifications for a profession.

Keep ReadingShow less
Overreach Abroad, Silence at Home
low light photography of armchairs in front of desk

Overreach Abroad, Silence at Home

In March 2024, the Department of Justice secured a hard-won conviction against Juan Orlando Hernández, the former president of Honduras, for trafficking tons of cocaine into the United States. After years of investigation and months of trial preparation, he was formally sentenced on June 26, 2024. Yet on December 1, 2025 — with a single stroke of a pen, and after receiving a flattering letter from prison — President Trump erased the conviction entirely, issuing a full pardon (Congress.gov).

Defending the pardon, the president dismissed the Hernández prosecution as a politically motivated case pursued by the previous administration. But the evidence presented in court — including years of trafficking and tons of cocaine — was not political. It was factual, documented, and proven beyond a reasonable doubt. If the president’s goal is truly to rid the country of drugs, the Hernández pardon is impossible to reconcile with that mission. It was not only a contradiction — it was a betrayal of the justice system itself.

Keep ReadingShow less