First Amendment Comes First

August 3, 2001

Among the election-reform recommendations rolled out earlier this week by the high-profile Carter/Ford commission was a proposal that the news media not project winners in any states until polls in all the 48 contiguous states have closed.

Mr. Carter went on to say, in a Rose Garden ceremony, that he hoped this could be a voluntary commitment on the part of the networks and cable companies. But pay close attention to these following words from the former president: "If they don't do it, then we recommend that Congress take action. We recognize that there are First Amendment principles involved, but we think this is an important one."

The notion that Congress ought to require the media to refrain from reporting election results too early not only involves First Amendment principles, it points to a clear violation of them. Congress should not even venture to take up the matter.

Clearly, the news media overall, and television networks in particular, need to do (and a few have been doing) some hard thinking since their major blunders last November. They should honor their commitment to more accurate, responsible election-night reporting. Doing away with exit polling, which provides useful information about the electorate beyond vote projections, isn't the answer. But citizens should be able to exercise the civic duty of voting without undue influence or interference by media anxious to get results out first.

Several of the National Commission on Election Reform's recommendations include thoughtful and more appropriate calls for congressional action - allocating "no strings attached" federal dollars to help modernize equipment, for instance, or simplifying absentee voting by those in the military or living overseas.

But on the coverage of election results, President Bush's comment that "our elections should not be run out of Washington, D.C." is right on target.