Freedom of the Press By: Jackie Link Lindsey Pryce Julie Huynh
Diana Jasser Abbey Lovat Kirstie Racinski
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"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 for a moment to prefer the latter. - Thomas Jefferson
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What is Freedom of the Press?
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It is the liberty to print or disseminate information, by
printing, broadcasting, or through electronic media, without prior
restraints such as licensing requirements or content review and
without subsequent punishment for what is said as well. The press
is a very broad term that includes newspapers, television, radio,
books, lectures, movies, art, dance, telephone, cassettes, CDs,
video discs, magazines, electronic bulletin boards, computer
networks, billboards, and video tapes. Peter McWilliams, author of
mcwilliams.com website, states: o We rely on it, depend on its
accuracy, and, if it turns out to be inaccurate, we expect another
news organization to expose the expos. Freedom of the press is a
fundamental right, up there with freedom of speech and freedom of
and from religion. A free press is not a luxury; it's a necessity.
Press is now called Media limited by the government and churches
What is Freedom of the Press?
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ocensorship or mandatory licensing by the government in advance
of publication opunishment for printed material, especially that
considered by the government to be seditious libel Historically,
restriction of the press has occurred in these two ways:
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Freedom of the Press in England o John Milton, in his
Areopagitica (1644), attacked the licensing law in England and told
Parliament to suppress offensive publications after their
appearance if necessary. o His objections eventually became a
cornerstone of the Freedom of the Press o but it was not until 1695
that the licensing and censorship laws were abolished.
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Freedom of the Press in America o The Trial of John Peter
Zenger against libel charges in 1735 was the foundation of the
Freedom of Press in the U.S. o He published a newspaper that
opposed the tedious policies of governor William Cosby. o In
successfully defending Zenger, his lawyer, Andrew Hamilton
established the precedent that a statement, even if insulting, is
not libelous if it is proved, affirming freedom of the press in
America.
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Continued oAfter the American Revolution, many states presented
freedom of the press othe First Amendment to the U.S. Constitution
said that Congress will not make any laws diminishing the freedom
of the press, etc. oIn reaction to the Sedition Act (1798), a more
tolerant version of the First Amendment became dominant, which saw
it as rejecting seditious libel as a crime. oThe First Amendment
was later applied to all the states by judicial interpretation of
the Fourteenth Amendment in 1868.
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The Development of the Freedom of the Press oSamuel Adams, a
radical journalist, roused the people by using the colonial press
to resist the Stamp Act which eventually was repealed.
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The Development of the Freedom of the Press (cont) oThe
American Revolution produced many historic newspapermen. oEven
though the Constitution contained a clause for freedom of the press
in the Bill of Rights, the government still set many controls on
the press and quieted the opinions of most early journalists. oThe
Supreme Courts position on First Amendment freedoms was to suspend
free speech and press if the expressions constituted a reasonable
tendency to endanger society. oThis was the beginning of press
freedom in America, the evolution of the Fourth Estate
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Power of the Press oThe many different types of Press
oWatchdogs oWhat the press can and cannot do: oExamples of when
then power of the press was questioned: oThe Hazelwood Case
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Senior editor of the Hazelwood school newspaper at the time of
controversy.
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These Supreme Court justices voted with the majority saying no
First Amendment rights had been violated. (From left to right, they
are Rehnquist, White, Stevens, OConnor, and Scalia.)
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These Supreme Court justices believed First Amendment rights of
the students had been violated. (From Left to right they are
Brennan, Marshall, and Blackmun.)
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Pros of the Freedom of the Press oThe news and media can alert
the public about government actions without them knowing. oThe
people have a right to know what is going on in the world and the
media's job is to inform them oNo democratic process can occur
without access to proper information. oThe most important things
the press can report on is information going on with the president,
such as corruption, incompetence, or general social problems.
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Cons of the Freedom of the Press oYellow journalism oFreedom
and privacy concerning public figures. oFalse information can be
published concerning public figures and public matters.
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Who Does Freedom of the Press Affect??
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How Freedom of the Press affects people worldwide.
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Recent Cases Concerning Freedom of the Press oA recent case
happened on August 3, 2008 when a National Press Club protests
jailing a New York Times Reporter, Barry Bearak who was covering
the presidential election in Zimbabwe.
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THE PENTAGON PAPERS CASE
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The man who exposed Nixon, Daniel Ellsberg.
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oThis dramatic true-life account follows Daniel Ellsberg, the
Harvard graduate and ex-Marine who disclosed information from the
Pentagon Papers in 1971, exposing secrets about the U.S.
involvement in Vietnam that contributed to Richard Nixon's
resignation from the presidency.
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Hilary Clinton
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Ethics in Journalism o Defamation-to harm someones reputation o
Two main types: libel (written) and slander (verbal) o Libel is
what journalists are sued for.
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Libel is... o The publication of a false statement of fact that
seriously harms someones reputation. o In order to successfully sue
for libel, you must first prove the journalist acted with malice.
Then, you must prove 5 other thing.
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Without freedom of thought, there can be no wisdom and no
freedom of the people without freedom of opinion and it is the
right of every man until it does not affect the freedom of
others.