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This article explores the importance of a free press in a democratic society, examining its historical origins, its forms and functions, and key court cases that have shaped press freedom. It also discusses current issues and the ways in which social media is changing politics.
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Essential Questions • Why is a free press essential to democracy? • What makes up a free press? • How has the press changed over time in regards to the government? • How has social media changed politics?
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” in states • Reporters sometimes face contempt-of-court charges if they refuse to reveal a source • Judith Miller spent 85 days in jail for refusing to reveal her source in the Valarie Plame affair
Freedom of the Press: Key Court Cases • John Peter Zenger (1735) • truth is a defense against charges of libel • Near v. Minnesota (1931) • rejecting prior restraints on publication, Minute sheet from the trial of John Peter Zenger
Freedom of the Press: Key Court Cases (continued) • New York Times v. Sullivan (1964) • that established the actual malicestandard, which has to be met before press reports about public officials can be considered to be defamation and libel; • New York Times v. U.S. (1971): “Pentagon Papers” • made it possible for the New York Times and Washington Postnewspapers to publish the then-classifiedPentagon Papers without risk of government censorship or punishment. • Sheppard v. Maxwell (1966) • the rights of freedom of the press as outlined in the1st Amendment when weighed against a defendant's right to a fair trial as required by the 6th Amendment.
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) • invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury. • Recent cases involving reporter/source confidentiality (2005)
Current issues • Networks which act for the parties • MSNBC • FOX • Presidential candidates are now controlling the debates instead of the media • Candidates are setting the rules Ratings mean scandals and scandals mean ratings
5 Ways New Media Are Changing Politics The outrage was immediate: The Supreme Court decision that struck down restrictions on the use of corporate funds in political advertising, Citizens United v. Federal Election Commission, is "devastating to the public interest" (President Obama) and a "disastrous rollback" of campaign finance laws (MoveOn.Org) and promises a "windfall" (New York Times) of big-money television ad buys by groups like the U.S. Chamber of Commerce and the AFL-CIO.
The magnitude of technological change over the past 10 years has been astonishing; the next 10 will surely be more so. I'm not saying that there won't be televised political ads at all anymore or that corporations won't find new and creative ways to spend their money. But the collective outrage focused on a top-down, big-money view of politics, well, that's so . . . last century. If the goal of television ads is to motivate viewers to vote, volunteer, or give money, there are far better ways to reach people, thanks to the new media.
Most Americans have a cellphone and access to a computer these days, and many of us have moved to a much more digital existence. We've gained hundreds of cable TV channels and satellite radio stations, millions of bloggers, and literally billions of Web pages. The media today are more diffuse and chaotic than ever.
Essential Questions • Why is a free press essential to democracy? • What makes up a free press? • How has the press changed over time in regards to the government? • How has social media changed politics?