Freedom of the Press

1st amendment guarantees freedom of the press

1st amendment guarantees freedom of the press

• This prevents the gov’t from censoring newspapers, magazines, etc.

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

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

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– However, there have been recent concerns

about aggressive journalism (impeding fair trial, war reporters)

Prohibiting Publication

• Gag order – can be issued to prevent publishing of info that could effect the right to a fair trial

Prohibiting Publication

• Gag order – can be issued to prevent publishing of info that could effect the right to a fair trial– In 1976, US determined the gag order as

unconstitutional because it is prior restraint

Prohibiting Publication

• Gag order – can be issued to prevent publishing of info that could effect the right to a fair trial– In 1976, US determined the gag order as

unconstitutional because it is prior restraint• Allowing censorship before publication

Prohibiting Publication

• Rather, the court should take steps to lessen publicity

Prohibiting Publication

• Rather, the court should take steps to lessen publicity– Move trials, screen jurors

Prohibiting Publication

• Rather, the court should take steps to lessen publicity– Move trials, screen jurors

• Supreme Court also ruled that all criminal trials are open to the press (except in cases of national security)

Denial of Info

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

Denial of Info

• Freedom of Information Act of 1966 (FOIA) requires that info be released to the public– Except in cases of national security

Requiring the Press to Disclose Info

• Qualified privilege – allows journalists to not have to reveal the identity of a source of info

Requiring the Press to Disclose Info

• Qualified privilege – allows journalists to not have to reveal the identity of a source of info

• Only about half the states have passed “shield laws” that give journalists this right