Media Policy Assignment

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EncyclopediaofPoliticalCommunication-PressFreedom.pdf

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Encyclopedia of Political Communication

Press Freedom

Contributors: John Allen Hendricks

Edited by: Lynda Lee Kaid & Christina Holtz-Bacha

Book Title: Encyclopedia of Political Communication

Chapter Title: "Press Freedom"

Pub. Date: 2008

Access Date: February 26, 2019

Publishing Company: SAGE Publications, Inc.

City: Thousand Oaks

Print ISBN: 9781412917995

Online ISBN: 9781412953993

DOI: http://dx.doi.org/10.4135/9781412953993.n534

Print page: 645

This PDF has been generated from SAGE Knowledge. Please note that the pagination of the online

version will vary from the pagination of the print book.

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http://dx.doi.org/10.4135/9781412953993.n534

In the United States, press freedom is guaranteed by the First Amendment to the U.S. Constitution. This right of free speech encompasses both print and electronic media and is designed to ensure that media organiza- tions have the ability to gather and distribute knowledge and ideas without government censorship or restric- tions.

The idea of an independent press that is free from government control is embraced as a means to keep the public informed of government activities. The press has long been considered a fourth branch of the gov- ernment alongside the executive, legislative, and judicial branches. In order to maintain the public's interest, media organizations must be able to keep watch over the actions of the government in an unencumbered manner.

Press freedom came to the forefront not long after the printing press was invented and the mass distribution of ideas suddenly became a reality. In England, a royal proclamation required that all publications obtain a li- cense from the monarchy prior to publication. This attempt at licensure of the press was essentially an attempt by the government to censor the content of what was printed. In 1644, John Milton published Areopagiticia: A Speech for the Liberty of Unlicensed Printing to the Parliament of England, in which he argued for and de- fended a free press. Milton argued that censorship was unnecessary in a free society and that all points of view should be heard because truth would ultimately prevail. In 1695, licensing laws were abolished in Eng- land.

In the United States, during colonial times, the press was censored by the British government. Prior to being printed, newspapers were required to obtain approval from the government. Once government approval was obtained, the newspapers were stamped with an official approval notice. In 1735, a landmark trial occurred in which press freedom was defended. John Peter Zenger was the publisher of the New York Weekly Journal and was an outspoken critic of Governor William Cosby of the Province of New York. Cosby accused Zenger of libelous statements and using seditious language. Libelous statements damage an individual's reputation, while seditious statements are considered to encourage revolt against the government. In the trial, the jury did not convict Zenger and therefore established the precedent that if printed material is factual it cannot be considered libelous or seditious.

An essential aspect of free speech rights for the press is that prior restraint by the government is prohibited. In 1931, the Supreme Court ruled in Near v. Minnesota that there was a constitutional guaranty of press free- dom. In the Near case, the Supreme Court asserted that it was in the public's best interest to have a free and unrestrained press than to have government suppression. The Supreme Court argued that instances of press freedom abuses should be dealt with after the fact through established legal procedures rather than through prior restraint.

There are rare exceptions when prior restraint may be allowed, including whenever the following information is involved: (a) information that would interfere with war efforts, (b) information that would incite acts of vio- lence, and (c) information that is defined as obscene. The Supreme Court noted that there was a difference between restrictions that are aimed at the content of the expression versus restrictions aimed at the avenue of the expression. For example, the Supreme Court ruled that time, place, and manner restrictions are permit- ted. In order for a government action that restricts expression to be considered content neutral by the courts, the restriction must not be based on personal partiality or personal interpretation. The restriction must be ap- plied equally in all situations.

In 1965, in Freedman v. Maryland, the Supreme Court outlined the procedures required for censorship, of obscene material, to be considered constitutional. First, the censor, and not the exhibitor, must prove the ma- terial in question is obscene. Second, there must be a process in place for a quick judicial review for the matter. Third, a permanent restraint is permissible only if the courts find the material to be obscene. Obscene material is sexually explicit as defined in the later 1973 Miller v. California case.

In 1971, the Supreme Court underscored its earlier ruling prohibiting prior restraint in the case of New York

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Times Company v. United States. This case revolved around an incident in which the Department of Justice attempted to prevent The New York Times and The Washington Post from publishing details of a report about government decision making relating to the Vietnam War. The Department of Justice argued that publication of the report posed a threat to national security. This case became known as the Pentagon Papers case. The Supreme Court noted that the government carried a heavy burden of showing justification for prior restraint and sufficient justification had not been met in this case.

Press freedom does not extend to the actual gathering of information for news purposes. The American gov- ernment perceived news coverage of the Vietnam War as negative. Thus, the government imposed access restrictions on journalists in all wars that have followed the Vietnam War. Unlike in Vietnam, where reporters had the ability to travel without restraint through battlefields, now journalists must be escorted in press pools throughout areas of conflict. This was most noticeable during both Persian Gulf wars.

Press freedom primarily exists in democratic societies. Reporters Without Borders, an international organiza- tion, ranks countries based on their freedom of the press. Internationally, countries that rank high in terms of press freedom include Finland, Iceland, Norway, Denmark, and Switzerland, while North Korea, Burma, Chi- na, Vietnam, Saudi Arabia, and Iran rank low. Reporters Without Borders asserts that more than a third of the world's population lives in countries where freedom of the press does not exist.

John Allen Hendricks http://dx.doi.org/10.4135/9781412953993.n534 See also

• First Amendment • Pentagon Papers, The • Reporters Without Borders • Shield Laws