James Madison, the fourth U.S. president, was small in stature but very big in ideas. He was one of the seven Founding Fathers and had a critical role in developing the U.S. Constitution and, ultimately, the Bill of Rights.
Madison initially opposed the idea of the Bill of Rights, however. Ultimately, Thomas Jefferson persuaded him that citizens needed greater protection than the original Constitution offered. Madison responded, essentially saying, “I will pick up that mantle, and I will develop these amendments to the Constitution.” Those first 10 amendments are what we call the Bill of Rights.
Perhaps as critically, he wrote 29 of the 85 essays that we know as The Federalist Papers — an incredible resource articulating the philosophy of how our Constitution and our Bill of Rights were developed. In Federalist Number 9, which was one of the 29 essays that Madison wrote, he said, “The people are the only legitimate fountain of power. And it is from that that the constitutional charter, under which the several branches of government hold their power, is limited.”
Madison was concerned about the potential overreach of government, which is reflected in the Bill of Rights. How do we build a wall between the government and the people to prevent the government from going over that wall and encroaching on their personal liberties?
The 45 words Madison wrote for the First Amendment were precise and elegant expressions of five essential freedoms. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Unfortunately, James Madison would be dismayed if he were with us today, with political polarization and social rancor throughout our nation on a clear upward trajectory.
In light of all this, it is timely to ask: “WWJMD — What Would James Madison Do?” Madison was not just a great constitutional architect but a media mogul in his own time. Madison founded a newspaper called the National Gazette. He also founded the first political party, called the Democratic-Republican Party. He then had the National Gazette essentially act as the media resource for the party. He used the Gazette as a way to advance the ideology of the Democratic-Republicans.
In some ways, the National Gazette was that era's Fox News or MSNBC. Madison felt it was important and appropriate for media outlets to have sharp ideological distinctions. He was very proud of being able to start a publication, not with the idea of being fair and balanced, but with the idea that other publications would launch and have opposing views.
He believed strongly in individual freedom — that all people should be able to hear information from many sources and make decisions as a society. In 1791, when the Bill of Rights took effect, he wrote an essay called Popular Basis of Political Authority. “Public opinion sets bounds to every government,” he observed, “and is the real sovereign in every free one.”
It's not difficult to imagine what James Madison might say if he were with us today. He would recognize that media companies are critical in restoring confidence in our cherished First Amendment values and improving and enhancing trust in media. This is especially important this year as Americans return to the ballot box to elect our 47th president. Public opinion is essential, and media help drive public opinion.
What might be done to heighten public awareness of the First Amendment? First, it would be beneficial if every media company put those 45 words on its website, or had a pop-up there, and also put them on their social media platforms.
Many Americans have never seen what the First Amendment actually looks like. We all know how to recite the Pledge of Allegiance, but most of us don’t know how to recite the First Amendment. Visualizing it again and again can help everyone see how powerful those words can be when they’re put together.
It also would be useful if media companies went to the public libraries in their local communities and said, “We will make an attractive banner with the words of the First Amendment to be hung at the entrance for patrons to see as they walk into the library.”
Libraries would be happy to accept this gift and proud to display it. After all, the First Amendment covers the right to read everything in a library. In addition, media companies and trade associations could donate a collection of books about free speech and free press to individual local libraries.
When children and other patrons came in, they would see a prominent display of First Amendment books on a dedicated bookshelf. Of course, we are now in the era of e-books, so these books could be made available digitally to a broad audience that may access library resources remotely rather than in person.
Those with longer memories may remember that in 1976, CBS pioneered the Bicentennial Minute to commemorate our country's 200th anniversary. CBS committed a minute of valuable airtime throughout the year so that a celebrity or someone in news or sports could speak briefly about our Constitution and our country's history.
The year 2026 is fast approaching, when the 250th anniversary of our nation's founding will be celebrated. What if, once again, there was a new effort to produce the equivalent of those CBS Bicentennial Minutes? Beginning in 2026, a new one-minute video could be posted — produced or perhaps sponsored by media organizations daily — in mass media and social media alike.
It is in the business interest of media companies — as well as a real civic responsibility as stewards of free speech and free press — for them to visibly support the First Amendment strongly in multiple ways.
We should devote proper attention and focus to this area. We all can play a part in keeping alive the profound lessons about the power of the First Amendment and its enduring values that James Madison left behind.
Stuart N. Brotman is a distinguished senior fellow at The Media Institute, where he also serves on the Institute's First Amendment Advisory Council and is an adviser to The Madison Project (https://www.mediainstitute.org/the-madison-project/). He is an elected member of the American Law Institute and the author of "The First Amendment Lives On."
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