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Media, Politics, and Government. Freedom of the Press. “Congress shall make no law…abridging the freedom… of the press…”. Origins of freedom of the press:. Influence of the printing press Ideals of the Enlightenment Pamphlets and papers during the American Revolution.
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Freedom of the Press “Congress shall make no law…abridging the freedom…of the press…” Origins of freedom of the press: • Influence of the printing press • Ideals of the Enlightenment • Pamphlets and papers during the American Revolution Colonial-era printing press
What Is the Press? Non-traditional forms: Traditional forms: • Newspapers • Magazines • Pamphlets • Posters • Radio • Television • Internet
Free Press: Essential to Democracy • The media as the “fourth branch” of government • Important benefits of a free press: • Open expression of ideas • Advances collective knowledge and understanding • Communication with government representatives • Allows for peaceful social change • Protects individual rights
Freedom of the Press: History • Original intent of the First Amendment was to protect political discussion • Limitations on freedom of the press: • Alien and Sedition Acts (1798) • Courts defined the scope of freedom of the press • Identifying a “clear and present danger” and clarifying libel • Protection against prior restraint Original text of the Alien and Sedition Acts (1798)
Confidentiality of Reporters’ Sources • Reporters do not have the same legal protections as doctors or lawyers when it comes to sources • “Shield laws” • Reporters sometimes face contempt-of-court charges if they refuse to reveal a source
Freedom of the Press: Key Court Cases • John Peter Zenger (1735) • Near v. Minnesota (1931) Minute sheet from the trial of John Peter Zenger
Freedom of the Press: Key Court Cases (continued) • New York Times v. Sullivan (1964) • New York Times v. U.S. (1971): “Pentagon Papers” • Sheppard v. Maxwell (1966)
Freedom of the Press: Confidentiality of Sources • Reporters hold source confidentiality as essential to the existence of a free press • Sources more likely to come forward if kept anonymous Supreme Court cases: • Branzburg v. Hayes (1972) • Recent cases involving reporter/source confidentiality (2005)
Discussion Questions • Discuss how the printing press revolutionized the spread of information. What kinds of changes did it make in how people learned and what they could do with information? • Describe how the media serves as a “fourth branch” of government and review the benefits of a free press.