Omar Bennett
Freedom of the press is a concept that is protected by the First Amendment to the United States Constitution. The First Amendment states that Congress shall make no law...abridging the freedom of speech, or of the press. The interpretation of this amendment and its application to the press have been the subject of much debate and numerous court cases. The free press is considered the fourth branch of government and plays a critical role in American society by keeping the public informed and holding the government accountable.
| Characteristics | Values |
|---|---|
| Legal protection | Protected by the First Amendment to the United States Constitution |
| Role in society | Critical role in American society, acting as the "fourth branch of government" |
| Protection of sources | Reporters are protected by "reporter's privilege" which allows them to use confidential sources without disclosing their identity |
| Libel and defamation | Defamation and libel are not protected by the First Amendment, but the publisher must prove "actual malice" |
| Government action | The First Amendment restricts government action, preventing laws that abridge freedom of speech or the press |
| Government sensitivity | The press is entitled to heightened constitutional protections and governmental sensitivity |
| Access to information | The press does not have the power to compel the government to furnish information |
| Applicable laws | Generally applicable laws do not violate the First Amendment, but laws targeting the press may do so |
| Free speech | The First Amendment protects free speech and fosters individual self-expression |
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What You'll Learn
Freedom of the press in the US Constitution
Freedom of the press in the United States is protected by the First Amendment to the US Constitution, which states:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The First Amendment's protection of freedom of the press has been the subject of much debate and numerous court cases. The "Free Press Clause" or "Press Clause" does not give the press the power to compel the government to provide information that is not available to the general public. However, the Supreme Court has recognised that laws targeting the press or treating different media outlets differently may violate the First Amendment.
The concept of freedom of the press in the US can be traced back to Cato's Letters, a collection of essays criticising the British political system, written by Brits John Trenchard and Thomas Gordon and published under the pseudonym Cato between 1720 and 1723. Virginia was the first state to formally protect the press in the 1776 Virginia Declaration of Rights.
In 1734, one of the earliest cases concerning freedom of the press occurred when The New York Weekly Journal publisher John Peter Zenger was acquitted of libel against British governor William Cosby. In 1798, the governing Federalist Party attempted to stifle criticism with the Alien and Sedition Acts, which made "false, scandalous and malicious" statements about Congress or the president a crime. These restrictions on the press were very unpopular, and Thomas Jefferson, who vehemently opposed the acts, pardoned most of those convicted under them when he became president in 1800.
In New York Times Co. v. Sullivan (1964), the Supreme Court ruled that when a publication involves a public figure, the plaintiff must prove that the publisher acted with "actual malice" to support a suit for libel. The Court defined "actual malice" as knowledge that the statement was false or reckless disregard for its truth. In 1970, the Supreme Court ruled that a news organisation couldn't be sued over the use of "rhetorical hyperbole" when quoting eyewitnesses.
In United States v. Manning (2013), Chelsea Manning was found guilty of six counts of espionage for furnishing classified information to WikiLeaks.
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The First Amendment
Freedom of the press is considered a cornerstone of democracy, allowing the media to hold those in power to account and ensuring the public is informed. The First Amendment restricts the government from making laws that infringe on these freedoms, and the Supreme Court has ruled that this applies to both federal and state governments.
The concept of freedom of the press has a long history in the United States, dating back to the Thirteen Colonies' struggle for independence from Great Britain. At that time, British authorities attempted to control printing presses and stifle criticism, leading to the famous libel case against publisher John Peter Zenger in 1734. Zenger was acquitted, and this case is often cited as an early example of the importance of a free press.
Over the years, the First Amendment has been interpreted and debated by the courts, with various rulings clarifying its protections. For example, the Supreme Court has ruled that generally applicable laws do not violate the First Amendment, even if they incidentally affect the press. However, laws specifically targeting the press or certain media outlets may violate the First Amendment. The Court has also recognised that the press, due to its role in disseminating news and information, may be entitled to heightened constitutional protections in certain cases.
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Libel and free speech
The First Amendment to the United States Constitution guarantees freedom of the press alongside freedom of speech. The concept of freedom of speech is designed to prevent government censorship of speech, but it does not protect certain types of speech, such as hate speech, "true threats", or speech inciting imminent lawless action. Libel, or written defamation, is another example of speech that is not protected by the First Amendment. Libel is defined as a written statement containing false facts that harm the reputation of another person.
The Free Speech and Free Press Clauses do not differentiate between media businesses and nonprofessional speakers. The Supreme Court has refused to grant increased First Amendment protection to institutional media over other speakers. For instance, in a case involving campaign finance laws, the court rejected the suggestion that communication by corporate members of the institutional press is entitled to greater constitutional protection than the same communication by non-institutional-press businesses.
The Free Press Clause does not confer on the press the power to compel the government to furnish information or otherwise give the press access to information that the public does not generally have. However, the Court has recognized that laws targeting the press, or treating different subsets of media outlets differently, may sometimes violate the First Amendment. For example, in Grosjean v. Am. Press Co. (1936), the Supreme Court held that a tax focused exclusively on newspapers violated the freedom of the press.
In New York Times Co. v. Sullivan (1964), the Supreme Court ruled that when a publication involves a public figure, the plaintiff bears the burden of proving that the publisher knew of the inaccuracy of the statement or acted with reckless disregard of its truth to support a libel suit. The Court has also afforded less protection to well-known people or those in official government positions. In such cases, the press was only exempt from libel claims if it reported on a public figure or the government and met certain standards.
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The role of the press in democracy
Freedom of the press in the United States is protected by the First Amendment to the United States Constitution. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abriding the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The role of the press in a democracy is to keep the public informed and provide oversight and a "check" on federal, state, and local government power. A free press is considered the "fourth branch of government" and is essential to self-government in a democracy. The press is not an arm of the government, but rather it holds the government to account.
The Founding Fathers, having just broken free from the British Empire, were anxious about the potential influence of foreign powers on their young democracy. They also worried that trying to spell out all Americans' rights in a series of amendments could be inherently limiting. The First Amendment protects and fosters individual self-expression, but it also affords the public access to discussion, debate, and the dissemination of information and ideas. Justice Hugo Black wrote, "The First Amendment...rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public...Freedom to publish is guaranteed by the Constitution, but freedom to combine to keep others from publishing is not."
The Supreme Court has ruled that generally applicable laws do not violate the First Amendment simply because their enforcement against the press has incidental effects. However, laws targeting the press or treating different subsets of media outlets differently may violate the First Amendment. The Court has also recognized that the press, because of its role in disseminating news and information, is entitled to heightened constitutional protections and governmental sensitivity.
In conclusion, the free press plays a critical role in American democracy by informing the public, holding government officials accountable, and promoting the dissemination of information and ideas. The First Amendment protects the freedom of the press from governmental restrictions, ensuring that the press can serve as a check on government power and promote robust political debate.
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The Alien and Sedition Acts
Freedom of the press in the United States is protected by the First Amendment to the United States Constitution. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Despite the First Amendment's protections, the Alien and Sedition Acts of 1798 sought to restrict immigration and limit First Amendment protections for freedom of speech. Passed in preparation for an anticipated war with France, the Alien and Sedition Acts tightened restrictions on foreign-born Americans and limited speech critical of the government. The Acts were endorsed by the Federalist Party of President John Adams as a response to a developing dispute with the French Republic and related fears of domestic political subversion.
The Sedition Act made it a crime to make "false, scandalous and malicious" statements about Congress or the president. The prosecution of journalists under the Sedition Act rallied public support for the opposition Democratic-Republicans, contributing to their success in the elections of 1800. Upon assuming the presidency, Thomas Jefferson pardoned those still serving sentences under the Sedition Act.
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Frequently asked questions
The free press in the US Constitution is protected by the First Amendment, which states that "Congress shall make no law...abridging the freedom of speech, or of the press".
Freedom of the press means that the press is allowed to publish information without being subject to censorship or restriction by the government. It also means that journalists are protected and are allowed to keep their sources confidential.
The limitations of freedom of the press are that the press cannot publish false information with "actual malice" or reckless disregard for the truth. The press also cannot publish information that would pose a security threat or imminent harm.
The idea of freedom of the press in the US can be traced back to Cato's Letters, a collection of essays published between 1720 and 1723 that criticised the British political system. The First Amendment, which includes freedom of the press, was ratified in 1791, but the governing Federalist Party attempted to stifle criticism with the Alien and Sedition Acts in 1798. These acts were very unpopular and led to the party's dissolution in 1824.
