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Media, Politics, and Government

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:. Colonial-era printing press. What Is the Press?. Non-traditional forms:. Traditional forms:. Free Press: Essential to Democracy.

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Media, Politics, and Government

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  1. Media, Politics, and Government

  2. Freedom of the Press “Congress shall make no law…abridging the freedom…of the press…” Origins of freedom of the press: Colonial-era printing press

  3. What Is the Press? Non-traditional forms: Traditional forms:

  4. 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

  5. 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)

  6. 1st amendment guarantees freedom of the press • This prevents the gov’t from censoring newspapers, magazines, etc. • Some argue this was done to create the 4th branch of our gov’t • The press can inform people regarding actions of the gov’t

  7. Confidentiality of Reporters’ Sources • Reporters do not have the same legal protections as doctors or lawyers when it comes to sources • “Shield laws” • Reporters…

  8. Gag Order • Gag order – • Prior Restraint-

  9. Gag Order • Allowed only if: • Publication would cause a certain, serious, and irreparable harm • The prior restraint would be effective in avoiding the harm.

  10. Prohibiting Publication • In 1976, US determined the gag order as unconstitutional because it is prior restraint

  11. Prohibiting Publication • Rather, the court should take steps to lessen publicity • Supreme Court also ruled that all criminal trials are open to the press (except in cases of national security)

  12. Denial of Info • Freedom of Information Act of 1966 (FOIA) requires that info be released to the public

  13. Requiring the Press to Disclose Info • Qualified privilege – • Only about half the states have passed “shield laws” that give journalists this right

  14. Freedom of the Press: Key Court Cases • Near v. Minnesota (1929) • http://www.oyez.org/cases/1901-1939/1929/1929_91 Minute sheet from the trial of John Peter Zenger

  15. Freedom of the Press: Key Court Cases (continued) • New York Times v. Sullivan (1963) http://www.oyez.org/cases/1960-1969/1963/1963_39 • New York Times v. U.S. (1970): “Pentagon Papers” http://www.oyez.org/cases/1970-1979/1970/1970_1873 • Sheppard v. Maxwell (1965) http://www.oyez.org/cases/1960-1969/1965/1965_490

  16. 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: • Branzburgv. Hayes (1971) • http://www.oyez.org/cases/1970-1979/1971/1971_70_85

  17. 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.

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