Simone Lawson
The term press typically refers to professional journalists and news organizations. However, the definition of press has evolved with the advent of social media, and now encompasses a diverse range of publishers, including broadcast and cable stations, newspapers, magazines, and digital publications. In the context of freedom of the press, it protects the right to disseminate thoughts, ideas, news, and views through publication. This freedom serves as a limit on government power, safeguarding the media's ability to hold those in power accountable. While there is no standardized credentialing process for journalists, press passes are often issued by event organizers and are typically tied to employment at a recognized media outlet. The role of the press in society is significant, with journalists specializing in covering various areas of government and relying on sources such as leakers and whistleblowers to obtain information.
| Characteristics | Values |
|---|---|
| Function | Journalism is a public-interest function, not a particular profession. |
| Purpose | To inform the public, not to promote a cause or company. |
| Content | Journalism is differentiated from personal diaries, opinions, impressions, and expressive writing. |
| Format | What makes journalism is not its format but its content. |
| Legal protections | Courts should not be involved in deciding what legitimate media is. |
| Country | The degree of freedom of the press varies across countries. |
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What You'll Learn
The role of the courts in deciding what constitutes legitimate media
One way courts shape the understanding of legitimate media is through rulings on journalistic protections and privileges. For example, the New Hampshire Supreme Court ruled that a website, Implode, was a "legitimate publisher of information" and thus protected by the reporter's privilege, demonstrating that courts can recognize new media formats as legitimate journalism. Similarly, in Shoen v. Shoen, a judge from the U.S. Court of Appeals noted that "what makes journalism journalism is not its format but its content," suggesting that courts should focus on the nature of the content rather than the medium.
Court rulings on media access to courtrooms and legal documents also play a role in shaping legitimate media. Courts generally strive to keep courtrooms and legal documents open to the public and the media, recognizing the importance of transparency and public interest. However, they also consider traditional access precedents and the potential impact on fair trials when making these decisions. Additionally, courts may grant special media arrangements, such as reserved seating or separate media rooms, highlighting their acknowledgment of the media's unique role in covering legal proceedings.
The courts' interpretation of media influence in criminal cases is another factor that can shape the understanding of legitimate media. In high-publicity cases, courts may face challenges in ensuring unbiased juries and fair trials. While change of venue motions to mitigate media influence are rarely granted, courts have recognized the potential impact of media coverage on jurors' decisions and the integrity of the legal process.
In conclusion, while the courts do not explicitly define what constitutes legitimate media, their rulings and interpretations of media-related issues significantly shape the legal landscape within which media organizations and journalists operate. The evolving nature of media and journalism further complicates this relationship, underscoring the dynamic and nuanced role of the courts in this context.
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The role of governments in defining who is and isn't the press
In the United States, the First Amendment guarantees freedom of the press, which serves as a limit on government power and ensures that the government answers to the people. The press acts as a watchdog on the government, investigating and reporting on its actions, holding those in power accountable, and contributing to the flow of information to the public. This watchdog role is crucial, especially when one party controls Congress, the White House, and the courts, as it provides oversight and helps maintain a system of checks and balances.
Courts have generally defined "the press" broadly to include all publishers, including websites and new media. For example, in New Hampshire, the Supreme Court ruled that a website was protected by the state's constitution as a "legitimate publisher of information," emphasizing its informative function and contribution to public information. Similarly, a California appeals court ruled in favor of a website as a legitimate news entity in O'Grady v. Superior Court in 2006.
However, some courts have differentiated between personal expressions and news reporting, emphasizing that new media should not be confused with news media. The qualifications and definitions of journalism are also debated, with some arguing for a broad definition that includes both professional and non-professional communicators of news, while others suggest that certain credentials or employment status should be considered.
While the press and the news industry are meant to operate independently from the government, there is a complex history of financial support and subsidies provided by the government to the news business. This support has been important for the economic health of the news industry, but it also raises questions about the potential influence of government funding on journalistic content and the relationship between the two entities.
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The impact of new media on the traditional definition of the press
The rise of new media has had a profound impact on the traditional definition of the press. The term "new media" refers to digital and online platforms such as websites, blogs, social media, and mobile apps, which have disrupted the traditional media landscape. Traditional media, including newspapers, television, and radio, have been the primary sources of news and information for decades, following a structured, professional editorial process with a top-down communication model. However, with the emergence of new media, the lines between who is and who is not considered the press have blurred.
New media has lowered the barriers to publishing and sharing content, allowing anyone with access to the appropriate technology to produce and disseminate information. This has led to a shift from the traditional one-way communication model to a more interactive and targeted approach, empowering individuals to engage in journalism and content creation outside of established media organizations. For example, bloggers like Avi Adelman, who writes about local issues on his website BarkingDogs.org, challenge the conventional understanding of who constitutes the press.
The impact of new media on the press is evident in the decline of traditional media outlets. As more people turn to online sources for news, the circulation of newspapers has plummeted, forcing many publications to shift their focus to their online presence or even replace print editions with digital-only versions. This shift has also affected the business model of traditional media, as they face competition from new media platforms that can provide targeted advertising at a lower cost.
Additionally, new media has impacted the way news and information are consumed. While traditional media typically caters to a broad audience, new media allows for more targeted and personalized content. The rise of social media and online platforms has enabled news organizations to develop targeted messages for specific audiences, changing the way political campaigns are run and increasing voter engagement. However, new media has also been associated with the spread of misinformation and "fake news," as fact-checking and editorial ethics may be compromised in favor of attention-grabbing content.
The traditional definition of the press is being challenged by the evolving nature of media and the changing role of journalists. The press is no longer limited to those with journalism degrees or paychecks from established media organizations. Instead, the focus is shifting towards recognizing journalism as a public-interest function rather than a specific profession. This expansion of who is considered the press empowers individuals to contribute to the dissemination of information and hold those in power accountable.
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The legal protections afforded to journalists and the press
Firstly, the concept of freedom of the press is often enshrined in constitutional or fundamental laws, such as the First Amendment in the United States, which protects both freedom of speech and freedom of the press. This freedom establishes a strong foundation for the rights of journalists to gather and disseminate news and information. It sets a high bar for any potential restrictions on these activities by the government or other authorities.
However, it is important to note that legal protections for journalists extend beyond just the freedom of speech and expression. In the United States, for example, the Fourth Amendment provides protections against unreasonable searches and seizures, which can be particularly relevant for journalists and their equipment during encounters with law enforcement. Displaying press credentials and identifying oneself as a member of the press during such encounters is crucial for invoking these protections.
The definition of "journalist" and "the press" has evolved with the advent of new media and digital technologies. Courts and legal systems have grappled with the challenge of determining who qualifies for legal protections. Some courts have taken the stance that the essence of journalism lies in its content rather than its format, recognizing websites and bloggers as legitimate members of the press, provided they serve an informative function and contribute to the flow of information to the public.
While there may be limited special protections specifically for journalists, the activities associated with gathering news are generally legal for anyone to undertake. This includes conducting interviews, attending public events, and accessing public places to gather information. Journalists, like any other citizens, are expected to respect private property rights and comply with lawful instructions from authorities when exercising their rights to gather news.
In certain situations, journalists may invoke shield laws, which protect the identity of confidential sources, even during criminal investigations. These laws vary by jurisdiction and may offer additional safeguards for journalists' sources and materials.
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The public interest function of journalism
Journalism is a public-interest function, not necessarily a particular profession. Journalism is essential for a well-functioning democracy, and journalists play a crucial role in keeping the public informed and holding those in power accountable. They shed light on meaningful controversies and matters of public concern.
The concept of freedom of speech is often covered by the same laws as freedom of the press, thereby giving equal treatment to spoken and published expression. Freedom of the press does not mean an absence of interference by outside entities but rather the right for authors to have their works published. This freedom was established in Great Britain in 1695 with the lapse of the Licensing Act, and Sweden was the first country to adopt it into its constitution in 1766.
However, defining who counts as a journalist has become increasingly complex with the advent of new media. Courts have traditionally struggled with this distinction, and the rise of bloggers and online publications has further blurred the lines. Some argue that bloggers are no different than traditional journalists, while others contend that new media should not be confused with news media.
The PRESS Act in the United States aims to protect journalist-source confidentiality and includes a broad definition of a "covered journalist," encompassing anyone who regularly engages in journalistic activities, regardless of their profession or medium. This broad definition recognizes the evolving nature of journalism and ensures that legal protections are based on the purpose of the speech rather than the job status of the speaker.
Ultimately, the public interest function of journalism is key. Journalists, in whatever form they may take, serve the public by informing them of newsworthy events and issues. This function is essential for a well-informed society and a healthy democracy.
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Frequently asked questions
In everyday conversation, the "press" typically means professional journalists and news organizations. This includes correspondents, journalists, and other reporters who are based at the White House, known as the White House press corps. However, press freedom protects everyone, not just professional journalists. Courts have defined "press" to include all publishers, such as broadcast and cable stations, newspapers, magazines, and digital publications.
Publishers create and edit content and then spread it. While news organizations are considered publishers, social media sites are not considered publishers because users publish the content, and the sites don't select which content is posted.
A primary role of the press is to hold the government accountable by publishing news, information, and opinions. The press often obtains information from leakers and whistleblowers who share non-public information about the government.
Press credentials are issued by event organizers to employees and associates of media outlets. They are not issued by the government and don't require government approval. In the US, press credentials are essentially meaningless unless the subject of a story values them.
The White House press corps is a group of correspondents, journalists, and other reporters who are based at the White House. They have direct contact with Washington correspondents and play a role in spreading the political message of the administration.
