Media, Politics, and Government

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Freedom of the Press

Origins of freedom of the press:

Colonial-era printing press

“Congress shall make no law…abridging the freedom…of the press…”

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What Is the Press?Traditional forms: Non-traditional forms:

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Free Press: Essential to Democracy

• The media as the “fourth branch” of government

• Important benefits of a free press:

— Open expression of ideas

— Advances collective knowledge and understanding

— Communication with government representatives

— Allows for peaceful social change

— Protects individual rights

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Freedom of the Press: History• Original intent of the First

Amendment was to protect political discussion

• Limitations on freedom of the press:

Original text of the Alien and Sedition Acts (1798)

• Identifying a “clear and present danger” and clarifying libel

• Protection against prior restraint

— Alien and Sedition Acts (1798)

— Courts defined the scope of freedom of the press

1st amendment guarantees freedom of the press

• This prevents the gov’t from censoring newspapers, magazines, etc.

• Some argue this was done to create the 4th branch of our gov’t– The press can inform people regarding

actions of the gov’t

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Confidentiality of Reporters’ Sources

• Reporters do not have the same legal protections as doctors or lawyers when it comes to sources

• “Shield laws”• Reporters…

Gag Order

• Gag order –

• Prior Restraint-

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Gag Order

• Allowed only if:– Publication would cause a certain, serious,

and irreparable harm– The prior restraint would be effective in

avoiding the harm.

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Prohibiting Publication

– In 1976, US determined the gag order as unconstitutional because it is prior restraint

Prohibiting Publication

• Rather, the court should take steps to lessen publicity

• Supreme Court also ruled that all criminal trials are open to the press (except in cases of national security)

Denial of Info

• Freedom of Information Act of 1966 (FOIA) requires that info be released to the public

Requiring the Press to Disclose Info

• Qualified privilege –

• Only about half the states have passed “shield laws” that give journalists this right

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Freedom of the Press: Key Court Cases

• Near v. Minnesota (1929)

• http://www.oyez.org/cases/1901-1939/1929/1929_91

Minute sheet from the trial of John Peter Zenger

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Freedom of the Press: Key Court Cases (continued)

• New York Times v. Sullivan (1963)

http://www.oyez.org/cases/1960-1969/1963/1963_39

• New York Times v. U.S. (1970): “Pentagon Papers”

http://www.oyez.org/cases/1970-1979/1970/1970_1873

• Sheppard v. Maxwell (1965)

http://www.oyez.org/cases/1960-1969/1965/1965_490

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Freedom of the Press: Confidentiality of Sources

• Reporters hold source confidentiality as essential to the existence of a free press

• Sources more likely to come forward if kept anonymous

• Branzburg v. Hayes (1971)

http://www.oyez.org/cases/1970-1979/1971/1971_70_85

Supreme Court cases:

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Discussion Questions

1. Discuss how the printing press revolutionized the spread of information. What kinds of changes did it make in how people learned and what they could do with information?

2. Describe how the media serves as a “fourth branch” of government and review the benefits of a free press.