Tabloids don't deserve the 1st Amendment

[Commentary] Some American tabloids do not operate much differently from British ones. Many of the editors who reign over American tabloid newsrooms hail from Britain, where tabloid "journalists" have justified their tactics by deluding themselves that they are avengers for the working class, exposing the decadence of the rich and famous as well as the royal family. As tabloids on both sides of the Atlantic have started covering more serious stories involving crime and politics, however, innocent, ordinary people have joined the ranks of their victims.

The problem isn't Rupert Murdoch. The problem is that the culture of tabloid journalism in both Britain and the United States is deeply tied to criminal acts. Without illegal conduct, tabloids could not preempt the mainstream press, and they would not survive. If Congress truly wants to resolve this issue, it should take a cue from the British Parliament and hold hearings to investigate this systemic problem. This is not just a matter of ineffective prosecution and judicial weakness.

The root of the problem is our reluctance as a nation to accept that something can be criminal when it involves expression. Crime is crime. Tabloid journalism uses illegal tactics, and it does not deserve absolute protection from the 1st Amendment.