Field Theory, Cultural Capital, and the First Amendment: Two Paradoxes in the Legitimation of News
Article first published online: 29 DEC 2011
© 2011 American Bar Foundation.
Law & Social Inquiry
Volume 37, Issue 1, pages 58–88, Winter 2012
How to Cite
Martinez, E. E. (2012), Field Theory, Cultural Capital, and the First Amendment: Two Paradoxes in the Legitimation of News. Law & Social Inquiry, 37: 58–88. doi: 10.1111/j.1747-4469.2011.01283.x
- Issue published online: 23 FEB 2012
- Article first published online: 29 DEC 2011
Does law influence the legitimation of news? I examine legitimations offered during ethics debates about news stories in which private people are thrust into the media spotlight. When navigating the space between what can be published lawfully and what should be published, journalism organizations offer legitimations that vary in ways that reflect the hierarchy of legal frameworks for decision. According to field theory, the cultural capital of the juridical field is constitutive of status hierarchies in the journalism field, even though the First Amendment leaves journalism to structure itself. This structuring leads to two paradoxes. First, in the performance of negative legitimation, news organizations justify ethics violations by converting the minimum standard of lawful speech into claimsmaking about laudable speech. Second, in acts of displacing legitimation, reporters suggest that more publicity is the remedy for invading privacy, translating the valorization of speech rights over privacy rights into a puzzling norm.