A Free Press A Free People

Journalism SeminarMrs. Demos

Freedom of the Press

Although a cherished right of the people, freedom of the press is different from other liberties of the people in that it is both individual and institutional.

Thomas Jefferson (1787)The basis of our government being

the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.

Origins of Free Speech and Free Press Under British law of the time

critical utterances about the government, either written or spoken, were subject to punishment under English law.

In the Colonies The British ruling the colonies attempted

to apply the same laws in the New World. 1735 British Governor of New York,

William Cosby, brings a libel suit against publisher John Peter Zenger.

The American jury acquits Zenger because what he said was true.

By the Revolution American journalist regularly criticized the British government.

Modern Press Freedom 1931 Near v. Minnesota

First time the First Amendment is applied

Rules that no government can curtail a newspaper’s Constitutional right to publish.

Newspapers could still be sued for defamation, but would continue to publish

Heed Their Rising Voices 1960’s and the Civil Rights Movement

Civil rights organizations take out a full page add in the New York Times describing the difficulties faced in Alabama and asking for donations for the cause.

Montgomery, Alabama Police Commissioner Sullivan sues the New York Times on the basis that the ad contained factual errors.

Supreme Court The ruling is over turned and the court

abolishes any punishment for publication when the stories involve public officials and the performance of their duty, except when a paper knowingly publishes untrue information.

The ruling addresses a major issue—the ability of the press to report on the government and government actions fully and freely.

Right of the People The court ruled that the citizenry

needed to be informed, and threats of libel against a newspaper for doing its job could not be allowed.

The Pentagon Papers 1971: A Defense Department employee,

who opposed American involvement in Vietnam, stole documents that contained no military secrets, but did show the military build up.

The New York Times began publishing the papers and the Government stopped them until the Supreme Court could make a decision.

The Ruling The government has no right to

censor newspapers or prevent the disclosure of embarrassing information.

What’s the Connection Public discussion is a political duty.

In order to carry out this responsibility as a citizen, one must be informed.

Accurate information will not always come from the government

The Fourth Estate Reference to the British Parliament

and its Three Estates. The press was called the Fourth

Estate for its power to influence public opinion.

Group activity: With your group read/skim the

article on media influences. Identify three key ways the media

influences the public. Discuss how you are influenced by

the media discussed in the article. Be prepared to present your article

to the class.